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B-211479.2 1 (1983-09-02)

handle is hein.gao/gaobadlhk0001 and id is 1 raw text is: THE C.. DECISION . OP THU UNITEO STATES WASHINGTON. 0.0. 2048 PILE: B-211479.2 DATE: September 2, 1983 MATTER OF: Lavelle Aircraft Company--Reconsideration DIGEST: Where request for reconsideration fails to demonstrate any erroneous fact or law, prior decision is affirmed. Lavelle Aircraft Company (Lavelle) requests reconsideration of our decision in Lavelle Aircraft Company, B-211479, August 2, 1983, 83-2 CPD , in which we denied Lavelle's protest that a total small business set-aside, invitation for bids No. DAAA09-83-B-4629, issued by the United States Army Materiel Development and Readiness Command (Army), should be canceled and the requirement resn1'itc1 uecaube Lavelle failed to receive a copy of the solicit~ation prior to bid opening. Lavelle contended that the Army violated section 223(a), Pub. L. No. 95-507, 92 Stat. 1757, and implementing Defense Acquisition Regulation § 1-1002.1 (Defense Acquisition Circular No. 76-24, August 28, 1980), which provide that a small business, upon its request, shall be provided with a copy of bid sets and specifications concerning a particular contract. We affirm our decision. We determined that the record did not show evidence of a conscious or deliberate effort to exclude Lavelle from participating in the competition. We noted that under our decisions, specifically citing Scripto, Inc., B-209450, November 9, 1982, 82-2 CPD 431, where there is no evidence of a conscious or deliberate effort to exclude a bidder from participating in the competition, we will not require resolicitation where adequate competition resulted in reasonable prices. Our conclusion was based on the record which showed reasonable agency conduct under the circumstances. The Army had made a good-faith, although unsuccessful, effort to send timely a copy of the bid package to Lavelle, following an apparent exhaustion of bid sets due to 84 requests received prior to Lavelle's. We also found that Lavelle had

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