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B-199819.2 1 (1981-01-22)

handle is hein.gao/gaobadiuo0001 and id is 1 raw text is: 








                  ~  ~ ,THE  COMPTROLLER GENERAL
DECISION            1T.OF THE UNITED         STATEB
                         /ASHINGTON, D. C. 20548




FILE:  B-199819. 2            DATE:    January 22, 1981

MATTER  OF:   Richard Bercutt -Request  for
              Reconsideration p1 /3/1

DIGEST:



    Request for reconsideration is denied
    because, while protester strongly dis-
    agrees with prior decision, he submits
    no facts, arguments or points of law
    which were not previously considered
    during review of procurement in connec-
    tion with initial protest.

    Richard  Bercutt has requested reconsideration
of our decisionof  October 28, 1980 (80-2 CPD 324)
4denying his protest with respect to invitation for
bids ,(IFB) No. R5-14-80-116)issued by the U S.
Forest Service, Department of Agriculture. LThe
Forest Service rejected Bercutt's bidifor cull tree
felling \iecause the bid included the following state-
ment: On condition that work commencement be con-
tracted to begin after August 21, 1980.' As the IFB
required work to begin within 10 calendar days after
notice to proceed, and to be completed 25 calendar days
thereafter, we agreed with the agency that Bercutt's
bid was nonresponsive because it limited the agency's
right to issue an effective notice to proceed as it saw
fit and thereby limited the completion date of contract
performance.'

     Section 20.9(a) of our Bid Protest Procedures., 4
C.F.R. part 20 (1980),<requfies that a request foF
reconsideration contain a detailed statement of the fac-
tual or legal grounds which allegedly warrant reversal
of  a decision of our Office and be submitted within 10
working days after the basis for reconsideration is
known or should have been known.  By letter dated Novem-
ber  20, 1980 and received in this Office on November 28,






                 ~ IN1I[O

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