B-184488, JAN 29, 1976
Highlights
DECISION IS AFFIRMED. HAVE REQUESTED RECONSIDERATION OF OUR DECISION IN THE MATTER OF SHIPPERS PACKAGING AND CONTAINER CORPORATION. THE STANDARD TO BE APPLIED IN CONSIDERING REQUESTS FOR RECONSIDERATION IS WHETHER THEY CLEARLY DEMONSTRATE ERRORS OF FACT OR LAW IN OUR DECISION. STEPHAN'S REQUEST MERELY INDICATES THAT IT IS IN DISAGREEMENT WITH THE CONCLUSION REACHED IN OUR DECISION THAT THE UNSIGNED SHIPPERS' BID COULD PROPERLY BE ACCEPTED BECAUSE AN INITIALLED BID PRICE CHANGE INDICATED THE BIDDER'S INTENT TO BE BOUND. MIDWEST ALSO STATES THAT SHIPPERS' PROTEST WAS NOT TIMELY FILED WITH OUR OFFICE UNDER THE PROVISIONS OF OUR BID PROTEST PROCEDURES. THESE ISSUES WERE TREATED AND RESOLVED IN OUR EARLIER DECISION.
B-184488, JAN 29, 1976
WHERE REQUESTS FOR RECONSIDERATION MERELY INDICATE PARTIES' DISAGREEMENT WITH PROTEST DECISION, BUT DO NOT PRESENT EVIDENCE DEMONSTRATING ERRORS OF FACT OR LAW, DECISION IS AFFIRMED.
SHIPPERS PACKAGING AND CONTAINER CORPORATION - REQUESTS FOR RECONSIDERATION:
MIDWEST PACKAGING AND MANUFACTURING COMPANY (MIDWEST) AND STEPHAN WOOD PRODUCTS, INC. (STEPHAN), HAVE REQUESTED RECONSIDERATION OF OUR DECISION IN THE MATTER OF SHIPPERS PACKAGING AND CONTAINER CORPORATION, B-184488, OCTOBER 17, 1975, 75-2 CPD 241. THAT DECISION UPHELD SHIPPERS' PROTEST AGAINST THE REJECTION OF ITS LOW BID UNDER INVITATION FOR BIDS NO. DAAA22- 75-B-0556, ISSUED BY THE DEPARTMENT OF THE ARMY.
THE STANDARD TO BE APPLIED IN CONSIDERING REQUESTS FOR RECONSIDERATION IS WHETHER THEY CLEARLY DEMONSTRATE ERRORS OF FACT OR LAW IN OUR DECISION. SEE, FOR EXAMPLE, FREE STATE BUILDERS, INC., B-183864, OCTOBER 28, 1975, 75-2 CPD 257. STEPHAN'S REQUEST MERELY INDICATES THAT IT IS IN DISAGREEMENT WITH THE CONCLUSION REACHED IN OUR DECISION THAT THE UNSIGNED SHIPPERS' BID COULD PROPERLY BE ACCEPTED BECAUSE AN INITIALLED BID PRICE CHANGE INDICATED THE BIDDER'S INTENT TO BE BOUND. SIMILARLY, MIDWEST ALLEGES THAT THE UNSIGNED SHIPPERS' BID COULD NOT BE THE BASIS FOR AN ACCEPTANCE BY THE GOVERNMENT WHICH WOULD CONSUMMATE A VALID AND BINDING CONTRACT. MIDWEST ALSO STATES THAT SHIPPERS' PROTEST WAS NOT TIMELY FILED WITH OUR OFFICE UNDER THE PROVISIONS OF OUR BID PROTEST PROCEDURES, 40 FED. REG. 17979 (1975).
THESE ISSUES WERE TREATED AND RESOLVED IN OUR EARLIER DECISION, AND WE DO NOT BELIEVE THAT MIDWEST'S OR STEPHAN'S REQUESTS PRESENT ANY EVIDENCE WHICH DEMONSTRATES ERRORS OF FACT OR LAW. ACCORDINGLY, OUR DECISION OF OCTOBER 17, 1975, IN THIS MATTER IS AFFIRMED.