B-241341.2, May 9, 1991, 91-1 CPD 451
Highlights
PROCUREMENT - Bid Protests - GAO procedures - GAO decisions - Reconsideration DIGEST: Request for reconsideration is denied where the principal basis for the request was available but not submitted or argued during consideration of the initial protest and where the balance of the reconsideration request merely expresses disagreement with prior decision. In which we denied its protest that the rejection of its bid as nonresponsive for failing to acknowledge a material amendment was improper under invitation for bids (IFB) No. Contracting agencies are not legally required to be guarantors that documents they are obligated to furnish prospective offerors will actually be received. We did not find that there were deficiencies in this process.
B-241341.2, May 9, 1991, 91-1 CPD 451
PROCUREMENT - Bid Protests - GAO procedures - GAO decisions - Reconsideration DIGEST: Request for reconsideration is denied where the principal basis for the request was available but not submitted or argued during consideration of the initial protest and where the balance of the reconsideration request merely expresses disagreement with prior decision.
Attorneys
Power Engineering Contractors, Inc.-- Reconsideration:
Power Engineering Contractors, Inc. requests reconsideration of our decision Power Eng'g Contractors, Inc., B-241341, Feb. 6, 1991, 91-1 CPD Para. 123, in which we denied its protest that the rejection of its bid as nonresponsive for failing to acknowledge a material amendment was improper under invitation for bids (IFB) No. FO4689-90-B-0005, issued by the Onizuka Air Force Base, California for the repair of two portable generators.
We deny the request for reconsideration.
We upheld the agency's action in rejecting Power's bid despite the fact that Power did not receive the amendment. Contracting agencies are not legally required to be guarantors that documents they are obligated to furnish prospective offerors will actually be received. By affidavit an agency official described the process by which she mailed the amendment to the protester, and we did not find that there were deficiencies in this process.
The protester's contentions on reconsideration can be classified as either arguments which should have been made in the initial protest to our Office or arguments previously presented and considered in our decision.
Under our Bid Protest Regulations, a request for reconsideration must contain a detailed statement of factual and legal grounds upon which a reversal or modification of the initial decision may be warranted as well as specify any errors of law made or information not previously considered by this Office in rendering its prior decision. 4 C.F.R. Sec. 21.12(a) (1990). Information not previously available means information not available to the protester when the initial protest was filed. See Signal Corp.-- Recon., B-238507.2, Apr. 25, 1990, 90-1 CPD Para. 424. Failure to make all arguments or submit all information available during the course of the initial protest undermines the goals of our bid protest forum-- to produce fair and equitable decisions based on consideration of both parties' arguments on a fully developed record. Department of the Army-- Recon., B-237742.2, June 11, 1990, 90-1 CPD Para. 546.
Other than referring for the first time to one of our prior decisions and presenting allegations which either were or should have been made earlier, Power Engineering's reconsideration request in essence repeats arguments it made previously. We considered each issue raised by the protester and its mere disagreement with our previous decision does not constitute evidence of legal or factual errors which would warrant reconsidering this matter. Management Training Sys.-- Recon., B-238555.3, Sept. 17, 1990, 90-2 CPD Para. 219.
The request for reconsideration is denied.