B-218441.2, SEP 25, 1985, 85-2 CPD 335

B-218441.2, SEP 25, 1985, 85-2 CPD 335

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - ERROR OF FACT OR LAW - NOT ESTABLISHED DIGEST: REQUEST FOR RECONSIDERATION OF PRIOR DECISION HOLDING THAT THE COMPETITION IN CONTRACTING ACT OF 1984 EXTENDS GAO'S BID PROTEST AUTHORITY TO WHOLLY OWNED GOVERNMENT CORPORATIONS, INCLUDING THE TENNESSEE VALLEY AUTHORITY, IS DENIED WHERE AGENCY REQUESTING RECONSIDERATION DISAGREES WITH DECISION BUT FAILS TO SHOW EITHER ERRORS OF FACT OR OF LAW IN PRIOR DECISION.

TENNESSEE VALLEY AUTHORITY-- RECONSIDERATION:

THE TENNESSEE VALLEY AUTHORITY (TVA) REQUESTS RECONSIDERATION OF OUR DECISION MONARCH WATER SYSTEMS, INC., B-218441, AUG. 8, 1985, COMP.GEN. - --, 85-2 CPD PARA. ---, IN WHICH WE HELD THAT OUR BID PROTEST AUTHORITY UNDER THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA) (31 U.S.C. SECS. 3551-3556, AS ADDED BY SEC. 2741(A) OF PUB.L. NO. 98-369), EXTENDS TO WHOLLY OWNED GOVERNMENT CORPORATIONS, INCLUDING TVA. TVA ASSERTS THAT OUR PRIOR DECISION LACKED ANY BASIS IN "CLEAR PROVISIONS OF LAW AND THE CONSISTENT LEGISLATIVE HISTORY."

IN ORDER TO PREVAIL IN A REQUEST FOR RECONSIDERATION, THE REQUESTER MUST CONVINCINGLY SHOW EITHER ERRORS OF FACT OR OF LAW IN OUR EARLIER DECISION. DEPARTMENT OF LABOR-- RECONSIDERATION, B-214564.2, JAN. 3, 1985, 85-1 CPD PARA. 13 AT 2. HERE, ALTHOUGH TVA INDICATES ITS DISAGREEMENT WITH OUR EARLIER DECISION, IT HAS FAILED TO SHOW EITHER ANY ERROR OF FACT OR LAW TO SUPPORT ITS REQUEST. ABSENT SUCH A SHOWING, THE REQUEST FOR RECONSIDERATION IS DENIED. SEE SANITARY ICE SYSTEMS, INC.-- RECONSIDERATION, B-204685.2, FEB. 8, 82-1 CPD PARA. 109.