B-184186, APR 12, 1976

B-184186: Apr 12, 1976

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GAO WILL NOT. WE WILL NOT HONOR NASH'S REQUEST. WE RECENTLY HELD THAT THE DESIRE FOR SUCH METHOD OF CONTRACTING IS NOT SUFFICIENT IN ITSELF TO JUSTIFY NEGOTIATION.

B-184186, APR 12, 1976

SINCE CONCERN DID NOT MAKE ITS INTEREST IN PRIOR PROTEST BY ANOTHER CONCERN KNOWN TO GAO DURING REVIEW OF PROTEST NOR SUBMIT COMMENTS DURING REVIEW, GAO WILL NOT, IN ACCORDANCE WITH SECTION 20.9 OF BID PROTEST PROCEDURES, HONOR CONCERN'S REQUEST FOR RECONSIDERATION OF DECISION RESULTING FROM PRIOR PROTEST.

NASH JANITORIAL SERVICES, INC.:

NASH JANITORIAL SERVICES, INC. (NASH), HAS REQUESTED RECONSIDERATION OF OUR DECISION IN NATIONWIDE BUILDING MAINTENANCE, INC., 55 COMP.GEN. , B-184186, FEBRUARY 3, 1976.

SECTION 20.9(A) OF OUR BID PROTEST PROCEDURES, 40 FED. REG. 17979 (1975), PROVIDES, HOWEVER, THAT ONLY AN "INTERESTED PARTY (OR THE AGENCY INVOLVED) WHO SUBMITTED COMMENTS DURING CONSIDERATION OF THE (ORIGINAL) PROTEST" MAY REQUEST RECONSIDERATION.

NASH DID NOT MAKE ITS INTEREST IN THE NATIONWIDE PROTEST KNOWN TO US DURING OUR REVIEW OF THE PROTEST; NOR DID NASH SUBMIT COMMENTS DURING OUR REVIEW.

CONSEQUENTLY, WE WILL NOT HONOR NASH'S REQUEST. SEE REPUBLIC ELECTRONIC INDUSTRIES CORPORATION, B-183816, DECEMBER 31, 1975, 75-2 CPD 418. HOWEVER, WITH REGARD TO NASH'S CONTENTIONS CONCERNING THE BENEFITS OF INCENTIVE-TYPE CONTRACTS, WE RECENTLY HELD THAT THE DESIRE FOR SUCH METHOD OF CONTRACTING IS NOT SUFFICIENT IN ITSELF TO JUSTIFY NEGOTIATION. GENERAL SERVICES INCORPORATED; CUSTOM JANITORIAL SERVICE, B-185966, MARCH 17, 1976.

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