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DIGEST: PRIOR DECISION IS AFFIRMED WHERE REQUEST FOR RECONSIDERATION FAILS TO RAISE NEW ISSUES OF FACT OR TO DEMONSTRATE THAT ERRORS OF LAW EXIST IN THE PRIOR DECISION. OUR PRIOR DECISION IS AFFIRMED. WEST COAST WAS NOT ENTITLED TO BID PREPARATION COSTS. EVEN IF WEST COAST IS CORRECT IN ITS ASSERTION. SUCH INTERNAL GUIDELINES DO NOT HAVE THE FORCE AND EFFECT OF LAW. OUR OFFICE WILL NOT REVERSE OR MODIFY OUR ORIGINAL DECISION UNLESS A PROTESTER'S REQUEST FOR RECONSIDERATION RAISES NEW ISSUES OF FACT OR DEMONSTRATES THAT ERRORS OF LAW EXIST IN THAT DECISION.

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B-211484.2, MAR 20, 1984

DIGEST: PRIOR DECISION IS AFFIRMED WHERE REQUEST FOR RECONSIDERATION FAILS TO RAISE NEW ISSUES OF FACT OR TO DEMONSTRATE THAT ERRORS OF LAW EXIST IN THE PRIOR DECISION.

WEST COAST FIRE SERVICE, INC. - RECONSIDERATION:

WEST COAST FIRE SERVICE, INC. (WEST COAST), REQUESTS THAT WE RECONSIDER OUR DECISION, WEST COAST FIRE SERVICE, INC., B-211484, DECEMBER 13, 1983, 83-2 CPD 673, IN WHICH WE DENIED WEST COAST'S CLAIM FOR BID PREPARATION COSTS BECAUSE OF THE CANCELLATION OF INVITATION FOR BIDS (IFB) NO. F42650- 82-B-3337 ISSUED BY THE OGDEN AIR LOGISTICS CENTER, HILL AIR FORCE BASE, UTAH. OUR PRIOR DECISION IS AFFIRMED.

IN THAT DECISION, WE POINTED OUT THAT, BECAUSE THE CANCELLATION CONSTITUTED A REASONABLE EXERCISE OF DISCRETION BY THE AIR FORCE, WEST COAST WAS NOT ENTITLED TO BID PREPARATION COSTS. MONITOR INTERNATIONAL, INC., B-200756, SEPTEMBER 14, 1981, 81-2 CPD 214.

IN ITS REQUEST FOR RECONSIDERATION, WEST COAST REITERATES ITS PREVIOUS ARGUMENT THAT THE AIR FORCE IMPROPERLY CANCELED THE SUBJECT IFB. IN THAT CONNECTION, WEST COAST STATES THAT THE AIR FORCE DID NOT COMPLY WITH ITS OWN INTERNAL RULES AND REGULATIONS.

EVEN IF WEST COAST IS CORRECT IN ITS ASSERTION, HOWEVER, SUCH INTERNAL GUIDELINES DO NOT HAVE THE FORCE AND EFFECT OF LAW, AND THEIR VIOLATION PROVIDES NO BASIS FOR QUESTIONING THE LEGALITY OF A CANCELLATION. SEE SURGICAL INSTRUMENT COMPANY OF AMERICA, B-211368, NOVEMBER 18, 1983, 83-2 CPD 583.

OUR OFFICE WILL NOT REVERSE OR MODIFY OUR ORIGINAL DECISION UNLESS A PROTESTER'S REQUEST FOR RECONSIDERATION RAISES NEW ISSUES OF FACT OR DEMONSTRATES THAT ERRORS OF LAW EXIST IN THAT DECISION. SHOWCASE CORPORATION - RECONSIDERATION, B-205903.3, DECEMBER 7, 1982, 82-2 CPD 508. WEST COAST HAS NOT RAISED ANY NEW FACTS OR DEMONSTRATED ANY ERRORS OF LAW THAT WOULD CAUSE US TO REVERSE OR MODIFY OUR EARLIER DECISION.

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