B-178718, MAY 29, 1974
Highlights
REQUEST THAT DECISION DENYING PROTEST BE RECONSIDERED IS DENIED. SINCE REQUEST IS BASED UPON NEW CONTENTIONS INSTEAD OF SHOWING THAT DECISION IS BASED UPON ERROR IN LAW OR FACT. WE HAVE EXAMINED THESE CONTENTIONS AND DO NOT FIND ANY JUSTIFICATION IN THEM FOR MODIFYING OUR EARLIER DECISION. THESE CONTENTIONS COULD AND SHOULD HAVE BEEN RAISED EARLIER SO THEY COULD HAVE BEEN CONSIDERED IN THE DECISION OF FEBRUARY 28. WHILE WE WILL RECONSIDER OUR DECISIONS IF A MATERIAL MISTAKE OF FACT OR LAW IS ALLEGED AND PROVEN. THERE IS NO SHOWING IN YOUR LETTER OF APRIL 23 THAT OUR PRIOR DECISION INVOLVED ANY MISTAKE OF FACT. NOR ARE LEGAL AUTHORITIES OR PRECEDENTS CITED TO SUPPORT ANY ERROR OF LAW. OUR DECISION OF FEBRUARY 28 IS AFFIRMED.
B-178718, MAY 29, 1974
REQUEST THAT DECISION DENYING PROTEST BE RECONSIDERED IS DENIED, SINCE REQUEST IS BASED UPON NEW CONTENTIONS INSTEAD OF SHOWING THAT DECISION IS BASED UPON ERROR IN LAW OR FACT.
TO PARTICLE DATA, INC.:
BY LETTER OF APRIL 23, 1974, PARTICLE DATA, INC., REQUESTED RECONSIDERATION OF DECISION B-178718, FEBRUARY 28, 1974, WHICH DENIED THE PROTEST AGAINST THE "INSTALLATION AND ACCEPTANCE CLAUSE" INCLUDED IN INVITATION FOR BIDS (IFB) NO. NIH-73B-(SS)-408, ISSUED BY THE NATIONAL INSTITUTES OF HEALTH, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE.
THE REQUEST FOR RECONSIDERATION PRESENTS NEW CONTENTIONS AGAINST THE INCLUSION OF THE "INSTALLATION AND ACCEPTANCE" CLAUSE IN THE IFB. WE HAVE EXAMINED THESE CONTENTIONS AND DO NOT FIND ANY JUSTIFICATION IN THEM FOR MODIFYING OUR EARLIER DECISION. IN ANY CASE, THESE CONTENTIONS COULD AND SHOULD HAVE BEEN RAISED EARLIER SO THEY COULD HAVE BEEN CONSIDERED IN THE DECISION OF FEBRUARY 28. WHILE WE WILL RECONSIDER OUR DECISIONS IF A MATERIAL MISTAKE OF FACT OR LAW IS ALLEGED AND PROVEN, THERE IS NO SHOWING IN YOUR LETTER OF APRIL 23 THAT OUR PRIOR DECISION INVOLVED ANY MISTAKE OF FACT, NOR ARE LEGAL AUTHORITIES OR PRECEDENTS CITED TO SUPPORT ANY ERROR OF LAW.
ACCORDINGLY, OUR DECISION OF FEBRUARY 28 IS AFFIRMED.