[Requests for Reconsideration of Protests of DOE Subcontract Award]

B-249352.7: Sep 27, 1993

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A firm requested reconsideration of its denied and dismissed protests against a Department of Energy (DOE) subcontract award for computer supplies and services. GAO had held that the: (1) protester's initial request for reconsideration was untimely; and (2) protester failed to state a valid basis of protest. In its first request for reconsideration, the protester contended that: (1) the timeliness of its initial request for reconsideration should be based on its receipt of additional information; and (2) its request should be reconsidered under the significant issue exception to the timeliness requirements. GAO held that the protester's initial protest was untimely, since: (1) it was not necessary for the protester to obtain additional information to know the basis of its reconsideration request; and (2) the protester did not provide any compelling reason that prevented it from submitting a timely protest. Accordingly, the original decision was affirmed. In its second request for reconsideration, the protester contended that: (1) DOE altered the awardee's technical scores to take advantage of its low bid; and (2) the solicitation did not disclose a funding limitation. GAO held that: (1) there was no evidence that DOE manipulated the awardee's technical score; and (2) the solicitation properly listed price as an evaluation criteria. Accordingly, the requests for reconsideration were denied.

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