B-241877.2, Feb 6, 1991, 90-2 CPD 134

B-241877.2: Feb 6, 1991

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PROCUREMENT - Bid Protests - GAO procedures - GAO decisions - Reconsideration DIGEST: Request for reconsideration is denied where protester fails to demonstrate that an alleged factual error warrants reversal of our prior decision. Our review of the record reveals that AMM's comments on the agency report were due in our Office on December 21. The request for reconsideration is denied.

B-241877.2, Feb 6, 1991, 90-2 CPD 134

PROCUREMENT - Bid Protests - GAO procedures - GAO decisions - Reconsideration DIGEST: Request for reconsideration is denied where protester fails to demonstrate that an alleged factual error warrants reversal of our prior decision.

Attorneys

AMM Entertainment-- Reconsideration:

AMM Entertainment requests reconsideration of our dismissal of its protest against the award of a contract to Image Works under request for proposals No. R5-27-90-70, issued by the Forest Service, Department of Agriculture, for a video production. We dismissed the protest because AMM failed to file its comments on the agency report within 10 working days after the report due date, as required by our Bid Protest Regulations. C.F.R. Sec. 21.3(k) (1990). AMM asserts in its request for reconsideration that the firm met the deadline requirements for filing comments on the agency report.

We deny the request for reconsideration.

To obtain reversal or modification of a decision, the requesting party must convincingly show that our prior decision contains either errors of fact or law or information not previously considered that warrants reversal or modification. See 4 C.F.R. Sec. 21.12(a).

Our review of the record reveals that AMM's comments on the agency report were due in our Office on December 21, 1990, 10 working days after our receipt of the agency report on December 7. AMM did not file its comments until January 16, 1991, more than 10 working days after the agency report due date, and nearly 2 weeks after we dismissed the protest. Accordingly, AMM has not presented any evidence of a factual error in our prior decision so as to warrant its reversal.

The request for reconsideration is denied.