B-241391.3, May 20, 1991, 91-1 CPD 479
Highlights
Request for reconsideration is denied where request contains no statement of fact or legal grounds warranting reversal but merely restates arguments made by the protester and previously considered by the General Accounting Office. Request for reconsideration is denied when based on an argument that could have been but was not raised by protester in course of the original protest. Sets forth a new protest basis that was available but was not submitted or argued during our consideration of the initial protest. Where a party raises in reconsideration an argument that it could have but did not raise at the time of protest. The request for reconsideration is denied.
B-241391.3, May 20, 1991, 91-1 CPD 479
PROCUREMENT - Bid Protests - GAO procedures - GAO decisions - Reconsideration DIGEST: 1. Request for reconsideration is denied where request contains no statement of fact or legal grounds warranting reversal but merely restates arguments made by the protester and previously considered by the General Accounting Office. Request for reconsideration is denied when based on an argument that could have been but was not raised by protester in course of the original protest.
Attorneys
Barnes Electric Company, Inc.-- Reconsideration:
Barnes Electric Company, Inc. requests reconsideration of our decision, Barnes Elec. Co., Inc., B-241391.2, Jan. 4, 1991, 91-1 CPD Para. 10, in which we denied its protest concerning the rejection of its bid as late, under invitation for bids No. F29650-90-B-0030, issued by Kirtland Air Force Base, New Mexico, for replacement and disposal of electrical transformers.
We deny the request for reconsideration because while Barnes disagrees with our decision, it merely states arguments that it made previously, and sets forth a new protest basis that was available but was not submitted or argued during our consideration of the initial protest.
Under our Bid Protest Regulations, to obtain reconsideration, the requesting party must show that our prior decision contains either errors of fact or law or present information not previously considered that warrants reversal or modification of our decision. 4 C.F.R. Sec. 21.12(a) (1991). Barnes' repetition of arguments made during our consideration of the original protest and mere disagreement with our decision does not meet this standard. R.E. Scherrer, Inc.-- Recon., B-231101.3, Sept. 21, 1988, 88-2 CPD Para. 274.
Further, our Regulations do not permit a piecemeal presentation of evidence, information, or analyses, and where a party raises in reconsideration an argument that it could have but did not raise at the time of protest, the argument does not provide a basis for reconsideration. Marine Indus., Ltd.-- Recon., B-225722.2, June 24, 1987, 87-1 CPD Para. 627.
The request for reconsideration is denied.