B-193614, JUL 24, 1979

B-193614, JUL 24, 1979

DIGEST: PRIOR DECISION WILL NOT BE RECONSIDERED BECAUSE REQUEST FOR RECONSIDERATION DOES NOT SPECIFY FACTUAL OR LEGAL GROUNDS FOR MODIFICATION OR REVERSAL.

LANIER BUSINESS PRODUCTS, INC.:

LANIER BUSINESS PRODUCTS, INC. (LANIER), REQUESTS RECONSIDERATION OF OUR DECISION IN DICTAPHONE CORPORATION, B-193614, JUNE 13, 1979, WHICH CONCLUDED THAT WHERE THE ISSUANCE OF A PURCHASE ORDER DOES NOT IN ITSELF ESTABLISH A BASIS OF PROTEST AND WHERE THE RECORD DOES NOT DISCLOSE WHEN THE PROTESTER FIRST LEARNED OF THE BASIS OF PROTEST, ANY DOUBT IS RESOLVED IN THE PROTESTER'S FAVOR AND OUR OFFICE CONSIDERS THE PROTEST TO BE TIMELY FILED.

LANIER STATES THAT DICTAPHONE'S FORMAL PROTEST OF THIS PROCUREMENT WAS MADE APPROXIMATELY 40 WORKING DAYS AFTER THE ISSUANCE OF THE ORDER. LANIER BELIEVES THAT IT IS LUDICROUS THAT DICTAPHONE DID NOT KNOW OF THIS ACTION BEFORE THAT TIME. LANIER ALSO STATES THAT IN THE VERY HIGHLY COMPETITIVE DICTATING EQUIPMENT INDUSTRY LANIER AND ITS COMPETITORS ARE FOLLOWING EQUIPMENT PROCUREMENTS ON ALMOST A DAILY BASIS. LANIER CONCLUDES THAT DICTAPHONE "SHOULD HAVE KNOWN" ITS BASIS OF PROTEST MUCH EARLIER.

REQUESTS FOR RECONSIDERATION MUST CONTAIN A DETAILED STATEMENT OF THE FACTUAL AND LEGAL GROUNDS UPON WHICH MODIFICATION OR REVERSAL IS DEEMED WARRANTED, SPECIFYING ANY ERRORS OF LAW MADE OR INFORMATION NOT PREVIOUSLY CONSIDERED. 4 C.F.R. SEC. 20.9(A) (1979). SINCE LANIER HAS NOT PROVIDED ANY INFORMATION THAT WAS NOT PREVIOUSLY CONSIDERED, LANIER'S CURRENT STATEMENT DOES NOT SHOW THAT OUR EARLIER DECISION WAS ERRONEOUS. THEREFORE, WE MUST DECLINE TO RECONSIDER OUR JUNE 13, 1979, DECISION. DATA PATHING INC. - RECONSIDERATION, B-188234, JULY 11, 1977, 77-2 CPD 14.