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B-214036.3 1 (1984-07-09)

handle is hein.gao/gaobadlub0001 and id is 1 raw text is: THU COMVPYROLLEW GENERAL DECISION .. OP THE UNITEO ETATEG WAUHINGTON, O.0. 20540 FILE: B-214036.3 DATE: July 9, 1984 MATTER OF: Janel, Inc.--Reconsideration DIGEST: 1. Prior decision is affirmed on reconsideration where protester makes same basic assertion that was made in initial protest and has not shown that government officials acted fraudu- lently or in bad faith in refusing to issue certificate of competency. 2. Request for conference is denied where merits of protest are not for consideration and conference therefore would serve no useful purpose. Janel, Inc. (Janel), requests that we reconsider Janel, Inc., B-214036.2, May 22, 1984, 84-1 C.P.D. 1 547. In that decision, we dismissed Janel's protest against the refusal by the Small Business Administration (SBAYto issue a cer- tificate of competency (COC) because we will generally not review such matters unless it is shown by the protester that the government officials have acted fraudulently or in bad faith. Jechura's Military Equipment Company, B-209996, Dec. 15, 1982, 82-2 C.P.D. 1 539. Janel failed to make such a showing. In its request for reconsideration, Janel makes the same basic assertion that was made in its initial protest, namely, that the contracting officer overstepped his bounds in dealing with SBA and SBA improperly refused to issue Janel a COC after initially concluding that a COC would be issued. Janel argues that under applicable regulations, SBA's reversal of its initial position was improper because it was not based upon new or additional Information, as required under the regulation, but rather on the same infor- mation initially considered sufficient to warrant issuance of a COC.

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