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B-205131.2 1 (1982-04-05)

handle is hein.gao/gaobadkev0001 and id is 1 raw text is: 

          444
                                 AmTHE       OP     OLO     OEA
                DECISION       I        OF TNH    UNITED S3TATES

                                        WASHINGTON, DC. C     20540



                 FILE:  B-205131.            DATE: April 5, ..982

                 MATTER OF: McCotter Motors, Inc. -- Reconsideration

                 DIGEBT:
                     Request for reconsideration is denied
                     where the protester does not show that
                     the prior decision was based on an
                     error of law or fact.


                     McCotter Motors, Inc. requests that wu reconsider
                our decision in McCotter Motors, Inc., B-2U5131,
                October 21, 1081, 81-2 CPD 333, in which we dismissed
                the firm's protest against an affirmative determina-
                tion of responsibility under Air Force invitation for
                bids Noe F49642-81-B-00b4. We aismissed McCotter's
                original protest bucause our Office will not review
                affirmative determinations of responsibility unless
                fraud is alleged on the part of procuring officials or
                the solicitation contains definitive responsibility
                criteria which allegedly were not applied. Microsuranoc,
                Inc., J-196144.2, July 6, 1979, 79-2 CPD 14.  We conl-
                cluded that neither exception applied to the case. The
                tequest for reconsideration ostensibly contains irfor-
                mation that we did not previously consider. In this
                regard, our Bid Protest Procedures require that a request
                for reconsideration specify any errors of law made or
 * '            information not previously considered. 4 C.F.R. 2 21.9


                     We deny the reconsideration request.

                     McCotter alleged in the original protest that in
 Adetermining thdt the awardee was responsible the procuring
 .9].           agency improperly ignored 1) the findings in an audit
                report by our Office (MASAD-81-27, July 8, 1981) which
.commented unfavorably on the awardee's past conduct with
,I              respect to bidding and performing on similar contracts,
                and 2) the fact that the awarJee had been debarred in
0 .             the past. The request for reconsideration essentially
                only repeats these same allegations, albeit in more detail,
                and does not add any information to that which was already
t !,            Lvailable to our office, despite McCotter's suggestion to
.'i             the contrary.





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