B-195083, OCT 18, 1979

B-195083, OCT 18, 1979

DIGEST: RECONSIDERATION IS DENIED WHERE REQUEST FAILS TO DEMONSTRATE ERRORS OF FACT OR LAW IN PRIOR DECISION OR TO PROVIDE NEW INFORMATION NOT PREVIOUSLY CONSIDERED.

LUBEL SERVICE INDUSTRIES, INC., D/B/A AMERICAN LAUNDRY AND CLEANERS - RECONSIDERATION:

LUBEL SERVICE INDUSTRIES, INC. D/B/A AMERICAN LAUNDRY AND CLEANERS (AMERICAN), REQUESTS RECONSIDERATION OF OUR DECISION, LUBEL SERVICE INDUSTRIES, INC. D/B/A AMERICAN LAUNDRY AND CLEANERS, B-195083, AUGUST 27, 1979, 79-2 CPD 157.

IN ITS INITIAL PROTEST, AMERICAN MAINTAINED THAT THE BID SUBMITTED BY WHITE STAR LAUNDRY (WHITE STAR) WAS NONRESPONSIVE TO INVITATION FOR BIDS (IFB) NO. F41800-79-B-0044, ISSUED BY THE AIR FORCE. ALTHOUGH WHITE STAR OMITTED A PRICE ON A REQUIRED ITEM, WE CONCLUDED THAT THE OMISSION COULD BE CORRECTED UNDER THE MISTAKE IN BID PROCEDURES SINCE THE BID, AS SUBMITTED, INDICATED THE PROBABILITY AND NATURE OF THE ERROR, AS WELL AS THE AMOUNT INTENDED. WE PERMITTED CORRECTION SO THAT THE BID SCHEDULE LINE ITEMS WOULD CONFORM TO THE INTENT WHITE STAR EXPRESSED IN ITS BID TAKEN AS A WHOLE.

AMERICAN PERSISTS IN ITS VIEW THAT WHITE STAR'S BID WAS NOT ELIGIBLE FOR AWARD. IT EMPHASIZES THAT THE IFB ADVISED OFFERORS SPECIFICALLY THAT FAILURE TO BID ANY ITEM WOULD BE GROUND FOR REJECTION. ESSENTIALLY, AMERICAN CONTINUES TO BELIEVE WE SHOULD LOOK ONLY TO WHETHER THE SCHEDULE WAS PROPER AS TO FORM. AMERICAN DOES NOT, HOWEVER, PRESENT EVIDENCE DEMONSTRATING ANY ERROR OF FACT OR LAW IN OUR ORIGINAL DECISION OR PROVIDE ADDITIONAL INFORMATION NOT PREVIOUSLY CONSIDERED. THEREFORE, AMERICAN'S REQUEST FOR RECONSIDERATION IS DENIED. U. S. DURACON CORPORATION - RECONSIDERATION, B-194673, B-194225, JUNE 18, 1979, 79-1 CPD 434.