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B-186939 1 (1977-12-16)

handle is hein.gao/gaobadflh0001 and id is 1 raw text is: THE COMPTROLLER G;ENEIAL D 1eCISiCIFN OF THE UNITED STATEt) V WASHINGTON. DC C. 205CE F!LE: DATE: December 16, 1977 :-186939 MATTER OF: Department of Commerce - equest for Reconsideration DIGEST: 1. OIt January 27, GAO sustaincd protest againsL Department of Commerce contract awara. Subsequent request by Commerce for recunsideration on basis that decision was erroneous was untimely filed and not, cherefore, considered on merits, On October 25, GAO allowed pro- tester's claim for proposal preparation costs. Commerce request for reconsideratLon of that decision will not be considered on merits, since it is based on same arguments raised in earlier request regarding January 27 decision. 2. Request for conference on merits of tequest for rcconsideratio., is denied, since merits of requesc will not be considered in view of section 20.9 Of our GAu's Bid Protest Procedures. In our decision In International Finance and Economics, B-186939, January 27, 1977, 77-L CPD 6o, we sustained a protest by International Finance and Economics (IFE) against the propriety of an award to another firm for a study of foreign maritime aids by the Department of Commerce (Commrce) under request for proposals (REV) 6-38070. Although we con- cluded that the awald was improper, performance had proceeded to the point where corrective action was no longer practical or in the Covern- ment's interest. By letter dated ay 24, Commerce asked us to reconsider. The basis for t'e request was commerce's belief that the decision was premised v.pon erroneous factual and legal conclusions. However, we detlined to consider the request on its merits, since it was filed moie than 10 working days after the basis for reconsideration was kncwn and was, therefore, untimely under section 20.9 of our Bid Protest Procedures, 4 C.F.R. part 20 (1917) (Procedures). Department of Commerce- Request for Reconsideration, B-186939, July 14, 19/7, 77-2 CPD 23. IFE subsec:uently claimed reimbursement for proposal preparation costs incurred in competing on the subect procurement. We considered the claim in our deci3ion in International Finance and Economics, B-186939, October 25, 1977. in which we first pointed out that the claim was inItially presented to Commerce, but was denied by Commerce on the basis of that agency's view that * * * the record does not - 1-

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