B-198452, JUN 16, 1980

B-198452: Jun 16, 1980

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DIGEST: DECISION IS AFFIRMED WHERE REQUEST FOR RECONSIDERATION MERELY CHALLENGES GAO'S CONCLUSION REGARDING PROPRIETY OF GSA'S MULTIPLE AWARD SCHEDULE CONTRACT AWARD PROCEDURES AND FAILS TO CLEARLY DEMONSTRATE EITHER ERRORS OF FACT OR OF LAW. FEDERAL FINDS IT INCONCEIVABLE THAT THERE WAS NO IMPROPRIETY AND REITERATES ITS PREVIOUSLY CONSIDERED ARGUMENTS:(1) THAT AN INSUFFICIENT INTERVAL EXISTED BETWEEN THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS AND THE COMMENCEMENT OF THE MASC TERM. *** SO THAT IT CAN BE IN A POSITION TO MAKE AWARDS TO THOSE WHO ARE RESPONSIVE IN TIME FOR THE START OF THE CONTRACT PERIOD.". IS AFFIRMED.

B-198452, JUN 16, 1980

DIGEST: DECISION IS AFFIRMED WHERE REQUEST FOR RECONSIDERATION MERELY CHALLENGES GAO'S CONCLUSION REGARDING PROPRIETY OF GSA'S MULTIPLE AWARD SCHEDULE CONTRACT AWARD PROCEDURES AND FAILS TO CLEARLY DEMONSTRATE EITHER ERRORS OF FACT OR OF LAW.

FEDERAL SALES SERVICE, INC. - RECONSIDERATION:

FEDERAL SALES SERVICE, INC. (FEDERAL), REQUESTS RECONSIDERATION OF OUR DECISION IN FEDERAL SALES SERVICE, INC., B-198452, MAY 1, 1980, 80-1 CPD , IN WHICH WE SUMMARILY DENIED FEDERAL'S PROTEST REGARDING THE GENERAL SERVICE ADMINISTRATION'S (GSA) AWARD PROCEDURES UNDER MULTIPLE AWARD SCHEDULE CONTRACT (MASC) REQUEST FOR PROPOSALS (RFP) NO. GSC CDPCE-L-00005 -N ON THE GROUND THAT FEDERAL'S INITIAL SUBMISSION FAILED TO SHOW EVIDENCE OF ANY IMPROPRIETY.

FEDERAL FINDS IT INCONCEIVABLE THAT THERE WAS NO IMPROPRIETY AND REITERATES ITS PREVIOUSLY CONSIDERED ARGUMENTS:(1) THAT AN INSUFFICIENT INTERVAL EXISTED BETWEEN THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS AND THE COMMENCEMENT OF THE MASC TERM; AND (2) "THAT GSA HAS A RESPONSIBILITY TO ALLOW SUFFICIENT TIME FOR EVALUATION OF ALL OFFERS, *** SO THAT IT CAN BE IN A POSITION TO MAKE AWARDS TO THOSE WHO ARE RESPONSIVE IN TIME FOR THE START OF THE CONTRACT PERIOD."

FEDERAL'S REQUEST FOR RECONSIDERATION, WHILE CHALLENGING OUR CONCLUSION REGARDING THE PROPRIETY OF GSA'S ACTIONS, HAS FAILED TO CLEARLY DEMONSTRATE EITHER ERRORS OF FACT OR OF LAW IN OUR DECISION. SHIPPERS PACKAGING AND CONTAINER CORPORATION - REQUESTS FOR RECONSIDERATION, B-184488, JANUARY 29, 1976, 76-1 CPD 59.

ACCORDINGLY, OUR DECISION OF MAY 1, 1980, IS AFFIRMED.

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