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B-194225.3,B-194673.3 1 (1979-12-27)

handle is hein.gao/gaobadhvg0001 and id is 1 raw text is: THE COMPTROLLER GENERAL .DECISION /2 . OF THE UNITED STATES , WASHINGTON. D.C. 20548 FILE: B-194225.3, B-194673.3 DATE: December 27, 1979 MATTER OF: U.S. Duracon Corporation--Reconsideration DIGEST: 1. Request for reconsideration of decision filed more than 10 days after basis for reconsideration was known or should have been known is untimely and will not be considered on merits. 2. Interpretation and enforcement of crim- inal statutes is charged to Department of Justice, not GAO. U.S. Duracon C'orporation (SD)rqu ss recon- sideration of our d cision in UtS.,iuricon Corporation, B-194225, B,94673 May 15, 1979, 79-1 CPD 356, in, whichl e denied its protest undr`inviCa ions for bids Nos. N62472-79oB-0098 and 1162472-79-13-2319.,issued by the Departmentjof the Navy. In'Ahtr'decision, we held a' I h~it 14 V -1spec-ie p ii r thatUSDC had failedo show th rospective sup iers of p ping for fhe construction procbts involved were falsely certifying that their.asbestos-free insulation materials had bteen appfoved by `t41Goenmient as sub- stitutes for te asbestos insulation covered by their G&vernment-issu'ed Letters of, A6 piability. A Let- ter of Acceptability was a prerequisite toparticipa- tion in the projects. We subsequently denied USDC's request for re6nsideratiohdinwhich it merely reit- erated the arguments made in the original protest. U.S. Duracon Cornoration (Reconsideration), B-194673, B-194225, June 18, 1979, 79-1 CPD 434. USDC has submitted Vith its43resent request a letter to the firm from the Navy dated August 17, 1979, stating that after further consideration and testing of various asbestos substitutes 6nly one has been found acceptable. The letter fui'ther states that the original Letters of Acceptabili y therefore have been revoked, and interim ones have been issued contingent on the use of the approved pipe insulation. USDC con- tends that this letter proves its claim of fraud on the part of the piping suppliers.

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