B-218365.5, OCT 3, 1985, 85-2 CPD 376
Highlights
QUESTIONS - PROTESTER NOT IN LINE FOR AWARD DIGEST: REQUEST FOR RECONSIDERATION IS DISMISSED BECAUSE THE PERIOD OF PERFORMANCE HAS LAPSED MAKING THE ISSUES RAISED ACADEMIC. AUCHTER ARGUES THAT WE SHOULD HAVE SUSTAINED THE PROTEST AS TO ALL OF ITEM 19 BECAUSE IT ALLEGES THAT AWARD FOR THAT ITEM HAD TO BE MADE ON AN ALL OR NONE BASIS. THE REQUEST IS DISMISSED.
B-218365.5, OCT 3, 1985, 85-2 CPD 376
CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS - PROTESTER NOT IN LINE FOR AWARD DIGEST: REQUEST FOR RECONSIDERATION IS DISMISSED BECAUSE THE PERIOD OF PERFORMANCE HAS LAPSED MAKING THE ISSUES RAISED ACADEMIC.
HUGO AUCHTER GMBH - REQUEST FOR RECONSIDERATION:
HUGO AUCHTER GMBH REQUESTS RECONSIDERATION OF OUR DECISION, HUGO AUCHTER GMBH, B-217400, JULY 22, 1985, 85-2 CPD PARA. 64, IN WHICH WE DENIED, DISMISSED, AND SUSTAINED IN PART ITS PROTEST. THE PROTEST CONCERNED REQUEST FOR PROPOSALS NO. F61546-84-D-0183 ISSUED BY THE AIR FORCE FOR GOVERNMENT REQUIREMENTS FOR CARPET AND CARPET TILES. WE SUSTAINED THE PROTEST AS TO SUBITEMS 19AC AND 19AD AND RECOMMENDED THAT THE AIR FORCE NOT AWARD THOSE SUBITEMS TO DOUGLASS INDUSTRIES, INC., THE PROPOSED AWARDEE. IN ITS REQUEST FOR RECONSIDERATION, AUCHTER ARGUES THAT WE SHOULD HAVE SUSTAINED THE PROTEST AS TO ALL OF ITEM 19 BECAUSE IT ALLEGES THAT AWARD FOR THAT ITEM HAD TO BE MADE ON AN ALL OR NONE BASIS.
WE DENY THE REQUEST AS ACADEMIC BECAUSE THE PLANNED PERIOD OF PERFORMANCE HAS PASSED AND THE AGENCY HAS ADVISED OUR OFFICE THAT IT DOES NOT INTEND TO MAKE ANY AWARD UNDER LINE ITEM 19. SEE M/A-COM SIGMA DATA, INC., B-202813.4, SEPT. 6, 1983, 83-2 CPD PARA. 304.
THE REQUEST IS DISMISSED.