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B-213046.6,B-215091.2 1 (1984-09-25)

handle is hein.gao/gaobadlxt0001 and id is 1 raw text is: ,0iz ~ THE COPRLE E EAVLeS DECIUlON . OP THE UNITED STATEI WASHINGTON. 0.C. 20546 1 FILE: B-215091.2; B-213046.6 DATE: September 25, 1984 MATTER OF: Simulators Limited, Inc.--Reconsideration DIGEST: 1. GAO will not consider the merits of a case where protester is not in line for award even if its protest is sustained because protester is not an interested party under GAO Bid Protest Procedures. 2. When the only evidence of an issue of fact is a protester's statement which conflicts with that of contracting officials, the protester has not carried its burden of proof. 3. Prior decisions are affirmed on reconsideration where protester has not shown any error of law or fact, which would warrant reversal of those decisions. Simulators Limited, Inc. (Simulators), requests reconsideration of our decisions'in Wing Manufacturing; Simulators Limited, Inc.--Request for Reconsideration, B-213046.3; B-215091; B-213046.5, Aug. 17, 1984, 84-2 C.P.D. I We affirm our prior decisions. B-215091.2 We dismissed Simulators' earlier protest, Wing Manufacturing, B-215091, supra, because Simulators was determined to not be an interested party as required by our Bid Protest Procedures, 4 C.F.R. § 21.1(a) (1983). This determination was based on the fact that the agency report stated that Simulators submitted the fourth lowest priced of seven technically acceptable offers and, therefore, Simulators would not have been in line for award if its protest was upheld, because award was to be made to the offeror with the lowest priced technically acceptable offer. See Pluribus Products, Inc., B-210444, Mar. 7, 1983, 83-1 C.P.D. 226.

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