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B-196218.2 1 (1980-07-17)

handle is hein.gao/gaobadikq0001 and id is 1 raw text is: - THE C0MPTq0LLE~q GENTAL DIECISION O3F THE UNITED STATES WA SH.NGTON, D C 20 58 FILE:, B-196218.2 DATE: July 17, 1980 MATTER OF: Porta Power Pak, Inc. -- Reconsideration DIGEST: Prior decision is affirmed where &equest for reconsiderationfails to advance factual or legal grounds upon which reversal would be warranted. Porta Power Pak, Inc. (Porta Power) requests re- consideration of our decision in Porta Power Pak, Inc., B-196218, April 29, 1980, .80-1 CPD 305, in which we denied the firm's protest that invitation for bids DLA400-79-B-3465 for portable power distribution systems for the Department of the Navy issued by the Defense General Supply Center contained proprietary data.. Porta Power had contended that it.submitted the data to the Government in 1971 in connection with a mobile power distribution system that it had developed, and that the submission was accompanied by a -re'strictive legend. However, we were unable to conclude that Porta Power actually had established the confidential- ity of its data when it was submitted, or presently had demonstrated the uniqueness of its design, i.e., that the data could not independently be obtained from publicly available literature or common knowledge. In its request for reconsideration, Porta Power states that it has tape recordings of 1973 telephone conversations with Navy personnel and other documen- tation which show that at least at that time even the Navy considered the subject data to be proprietary to Porta Power. The firm also essentially reiterates its basis for protest. We first point out that section 20.9(a) of our Bid Protest Procedures, 4 C.F.R. part 20 (1980), requires that a detailed statement of the factual or legal grounds which allegedly warrant reversal of a decision of our Office be submitted within 10 working days after the basis for reconsideration is known or should have been known; the mere statement that evidence to support

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