B-187970, MARCH 25, 1977

B-187970: Mar 25, 1977

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PRIOR DECISION DISMISSING PROTEST AS UNTIMELY WILL NOT BE RECONSIDERED BECAUSE REQUEST FOR RECONSIDERATION DOES NOT SPECIFY FACTUAL AND/OR LEGAL GROUNDS FOR REVERSAL BUT MERELY REQUESTS RECOGNITION THAT "SOMETHING IS WRONG.". HAT DECISION THAT GEAR'S PROTEST TO THIS OFFICE WAS UNTIMELY WHERE FILED MORE THAN 10 WORKING DAYS AFTER PROTESTER'S RECEIPT OF NOTIFICATION OF DENIAL OF PROTEST TO AGENCY. WE ARE AWARE OF NO REQUIREMENT FOR AN AGENCY TO COMMUNICATE WITH THIS OFFICE PRIOR TO AWARDING A CONTRACT IN THE ABSENCE OF NOTIFICATION THAT A PROTEST HAS BEEN FILED HERE. GEAR ALSO REQUESTS OUR OFFICE TO "RECOGNIZE THE FACT THAT SOMETHING IS WRONG AND CORRECT IT.". REQUESTS FOR RECONSIDERATION MUST CONTAIN A DETAILED STATEMENT OF THE FACTUAL AND LEGAL GROUNDS UPON WHICH REVERSAL OR MODIFICATION IS DEEMED WARRANTED.

B-187970, MARCH 25, 1977

PRIOR DECISION DISMISSING PROTEST AS UNTIMELY WILL NOT BE RECONSIDERED BECAUSE REQUEST FOR RECONSIDERATION DOES NOT SPECIFY FACTUAL AND/OR LEGAL GROUNDS FOR REVERSAL BUT MERELY REQUESTS RECOGNITION THAT "SOMETHING IS WRONG."

P. J. GEAR & SON, INC.:

P. J. GEAR & SON, INC. (GEAR) REQUESTS THAT OUR OFFICE RECONSIDER THE DECISION IN P. J. GEAR & SON, INC., B-187970, JANUARY 27, 1977. WE HELD IN;HAT DECISION THAT GEAR'S PROTEST TO THIS OFFICE WAS UNTIMELY WHERE FILED MORE THAN 10 WORKING DAYS AFTER PROTESTER'S RECEIPT OF NOTIFICATION OF DENIAL OF PROTEST TO AGENCY.

THE PRESENT REQUEST BY GEAR FOR RECONSIDERATION OF OUR DECISION FIRST ASKS OUR OFFICE WHY THE NATIONAL PARK SERVICE, PRIOR TO AWARDING THE CONTRACT,DID NOT CONTACT THIS OFFICE TO CHECK WHETHER A PROTEST HAD BEEN FILED. WE ARE AWARE OF NO REQUIREMENT FOR AN AGENCY TO COMMUNICATE WITH THIS OFFICE PRIOR TO AWARDING A CONTRACT IN THE ABSENCE OF NOTIFICATION THAT A PROTEST HAS BEEN FILED HERE. THE AGENCY HAS NO OBLIGATION TO ENSURE THAT AN INTERESTED PARTY WHO WISHES TO CONTEST AN AWARD HAS DONE SO PRIOR TO THE AWARD OF THE CONTRACT IN QUESTION.

GEAR ALSO REQUESTS OUR OFFICE TO "RECOGNIZE THE FACT THAT SOMETHING IS WRONG AND CORRECT IT." HOWEVER, REQUESTS FOR RECONSIDERATION MUST CONTAIN A DETAILED STATEMENT OF THE FACTUAL AND LEGAL GROUNDS UPON WHICH REVERSAL OR MODIFICATION IS DEEMED WARRANTED, SPECIFYING ANY ERRORS OF LAW MADE OR INFORMATION NOT PREVIOUSLY CONSIDERED. 4 C.F.R. 20.9(A) (1976). GEAR HAS NOT ADVANCED ANY ADDITIONAL FACTS OR LEGAL ARGUMENTS WHICH SHOW THAT OUR EARLIER DECISION WAS ERRONEOUS. CONSEQUENTLY, WE MUST DECLINE TO RECONSIDER OUR DISMISSAL OF JANUARY 27, 1977.

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