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CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - ERROR OF FACT OR LAW - NOT ESTABLISHED DIGEST: PRIOR DECISION IS AFFIRMED ON RECONSIDERATION SINCE PROTESTER HAS NOT SHOWN ANY ERRORS OF LAW OR FACT WHICH WARRANT REVERSAL OF THAT DECISION. THAT OUR DISMISSAL WITHOUT AN "INVESTIGATION" CONSTITUTES "A VERY NARROW LEGAL INTERPRETATION OF THE APPLICABLE CASE LAW" AND GENERALLY REASSERTS THAT EVENTS WAS HARMED BY THE DEFENSE SUPPLY SERVICE'S DECISION TO CANCEL THE REQUEST FOR PROPOSALS AT THE EXPIRATION OF THE FISCAL YEAR ALLEGEDLY TO AVOID A "GAO INVESTIGATION.". THE PROTEST WAS ACADEMIC. A PROTEST IS NOT AN "INVESTIGATION. WHERE NO AWARD IS CONTEMPLATED.

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B-220080.2, NOV 22, 1985, 85-2 CPD 589

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - RECONSIDERATION REQUESTS - ERROR OF FACT OR LAW - NOT ESTABLISHED DIGEST: PRIOR DECISION IS AFFIRMED ON RECONSIDERATION SINCE PROTESTER HAS NOT SHOWN ANY ERRORS OF LAW OR FACT WHICH WARRANT REVERSAL OF THAT DECISION.

EVENTS ANALYSIS, INC.-- RECONSIDERATION:

EVENTS ANALYSIS, INC. (EVENTS), REQUESTS RECONSIDERATION OF OUR DECISION IN EVENTS ANALYSIS, INC., B-220080, OCT. 29, 1985, 85-2 CPD PARA. ---, IN WHICH WE DISMISSED EVENTS' PROTEST OF THE EXCLUSION OF ITS PROPOSAL FROM THE COMPETITIVE RANGE AS NOT FOR CONSIDERATION UNDER OUR BID PROTEST FUNCTION BECAUSE CANCELLATION OF THE SOLICITATION RENDERED THE PROTEST ACADEMIC. WE AFFIRM THE DISMISSAL.

EVENTS ASSERTS, IN ITS REQUEST FOR RECONSIDERATION, THAT OUR DISMISSAL WITHOUT AN "INVESTIGATION" CONSTITUTES "A VERY NARROW LEGAL INTERPRETATION OF THE APPLICABLE CASE LAW" AND GENERALLY REASSERTS THAT EVENTS WAS HARMED BY THE DEFENSE SUPPLY SERVICE'S DECISION TO CANCEL THE REQUEST FOR PROPOSALS AT THE EXPIRATION OF THE FISCAL YEAR ALLEGEDLY TO AVOID A "GAO INVESTIGATION."

IN DISMISSING THE INITIAL PROTEST, WE NOTED THAT THE BID PROTEST PROVISIONS OF THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA), 31 U.S.C. SEC. 3551-3556 (WEST SUPP. 1985), WHICH PROVIDE FOR THE COMPTROLLER GENERAL TO DECIDE BID PROTESTS, DEFINE A "PROTEST" AS A WRITTEN OBJECTION TO A SOLICITATION BY AN EXECUTIVE AGENCY "FOR THE PROCUREMENT OF PROPERTY OR SERVICES" OR THE PROPOSED AWARD OF SUCH A CONTRACT. 31 U.S.C. SEC. 3551. ACCORDINGLY, WE CONCLUDED THAT BECAUSE NO AWARD WOULD BE MADE BY THE AGENCY, THE PROTEST WAS ACADEMIC.

IN OUR VIEW, A PROTEST IS NOT AN "INVESTIGATION," BUT AN OBJECTION TO THE PROPRIETY OF THE AWARD OR PROPOSED AWARD OF A CONTRACT. CONSEQUENTLY, WHERE NO AWARD IS CONTEMPLATED, WE WILL CLOSE OUR FILES BECAUSE THE MATTER IS NOT WITHIN OUR JURISDICTION. SINCE EVENTS HAS NOT SHOWN ANY ERROR OF FACT OR LAW IN OUR PRIOR DECISION, THE DISMISSAL IS AFFIRMED. SEE 4 C.F.R. SEC. 21.12(A) (1985).

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