B-195945.5, B-198276.2, SEP 25, 1981
Highlights
DIGEST: REQUEST FOR RECONSIDERATION OF PROTEST DECISION FILED MORE THAN 10 WORKING DAYS AFTER IT APPEARS PROTESTER LEARNED OF GROUNDS FOR REQUESTING RECONSIDERATION IS UNTIMELY. OUR DECISION CONCLUDED THAT WE HAD NO BASIS TO OBJECT TO THE DEFENSE LOGISTICS AGENCY'S DETERMINATION TO CANCEL TWO COMPETITIVE PROCUREMENT ACTIONS AND PLACE ORDERS UNDER A MANDATORY REQUIREMENTS-TYPE CONTRACT AWARDED BY THE GENERAL SERVICES ADMINISTRATION BEFORE THE COMPETITIVE PROCUREMENTS WERE COMPLETED. OUR DECISION FOUND THAT USFS'S ARGUMENTS - THAT THE REQUIREMENTS-TYPE CONTRACT WAS NOT MANDATORY IN THE TWO SITUATIONS - WERE WITHOUT MERIT. RAISING ESSENTIALLY THE SAME ARGUMENTS PRESENTED AND CONSIDERED IN THE EARLIER DECISION - THAT THE MANDATORY CONTRACT IS NOT THE MOST ECONOMIC AND EFFICIENT MEANS TO PROCURE THE REQUIRED EQUIPMENT.
B-195945.5, B-198276.2, SEP 25, 1981
DIGEST: REQUEST FOR RECONSIDERATION OF PROTEST DECISION FILED MORE THAN 10 WORKING DAYS AFTER IT APPEARS PROTESTER LEARNED OF GROUNDS FOR REQUESTING RECONSIDERATION IS UNTIMELY.
U. S. FINANCIAL SERVICES, INC. - RECONSIDERATION:
U. S. FINANCIAL SERVICES, INC. (USFS), REQUESTS RECONSIDERATION OF OUR DECISION IN THE MATTER OF U. S. FINANCIAL SERVICES, INC., B-195945.4, B-198276, JULY 15, 1981, 81-2 CPD 32. OUR DECISION CONCLUDED THAT WE HAD NO BASIS TO OBJECT TO THE DEFENSE LOGISTICS AGENCY'S DETERMINATION TO CANCEL TWO COMPETITIVE PROCUREMENT ACTIONS AND PLACE ORDERS UNDER A MANDATORY REQUIREMENTS-TYPE CONTRACT AWARDED BY THE GENERAL SERVICES ADMINISTRATION BEFORE THE COMPETITIVE PROCUREMENTS WERE COMPLETED. OUR DECISION FOUND THAT USFS'S ARGUMENTS - THAT THE REQUIREMENTS-TYPE CONTRACT WAS NOT MANDATORY IN THE TWO SITUATIONS - WERE WITHOUT MERIT.
ON SEPTEMBER 3, 1981, USFS FILED THIS RECONSIDERATION REQUEST CONCERNING OUR JULY 15, 1981, DECISION, RAISING ESSENTIALLY THE SAME ARGUMENTS PRESENTED AND CONSIDERED IN THE EARLIER DECISION - THAT THE MANDATORY CONTRACT IS NOT THE MOST ECONOMIC AND EFFICIENT MEANS TO PROCURE THE REQUIRED EQUIPMENT.
RECONSIDERATION REQUESTS MUST BE FILED HERE NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR RECONSIDERATION IS OR SHOULD HAVE BEEN KNOWN. C.F.R. SEC. 21.9(B) (1981). SINCE USFS'S BASIS FOR REQUESTING RECONSIDERATION IS ITS DISAGREEMENT WITH THE CONCLUSION OF OUR JULY 15, 1981, DECISION, USFS SHOULD HAVE FILED ITS REQUEST HERE WITHIN 10 WORKING DAYS OF THE DATE USFS RECEIVED OUR DECISION. WE HAVE HELD THAT IT IS REASONABLE TO ASSUME THAT A PROTESTER WILL HAVE RECEIVED OUR DECISION WITHIN A WEEK OF ITS ISSUANCE. IN OUR VIEW, THEREFORE, USFS'S REQUEST FILED HERE ON SEPTEMBER 3, 1981, DOES NOT APPEAR TO MEET OUR REQUIREMENT FOR TIMELY FILING. SEE ROSA PEN CO., INC. - RECONSIDERATION, B-198803.3, JANUARY 22, 1981, 81-1 CPD 34.
ACCORDINGLY, WE WILL NOT RECONSIDER THE MERITS OF THE JULY 15, 1981, DECISION AND USFS'S RECONSIDERATION REQUEST IS DISMISSED AS UNTIMELY.