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B-222517.3 1 (1986-08-21)

handle is hein.gao/gaobadmlc0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof. Ernie Green Industries, Inc.--Reconsideration File: B-222517.3 Date: August 21, 1986 DIGEST Prior decision is affirmed in response to request for reconsideration where request does not establish that the decision included errors of law or fact that would warrant its reversal. DECISION Ernie Green Industries, Inc. (EGI) requests that we reconsider our decision in Ernie Green Industries, Inc., B-222517, July 10, 1986, 86-2 C.P.D. f . In that decision, we (1) dismissed as untimely EGI's protest that the U.S. Army Armaments, Munitions, and Chemical Command (AMCCOM) had publicly disclosed EGI's pricing information in a competitive procurement and that AMCCOM then, in effect, conducted an auction by opening negotiations with other firms, and (2) denied EGI's charge that AMCCOM deliberately delayed dealing with the firm on a related solicitation in order to make EGI noncompetitive on the first one. We affirm our decision. EGI's first issue involved AMCCOM request for proposals (RFP) No. DAAA09-85-R-1126, a small business set-aside issued on Sept. 4, 1985, for 66,000 units of the M13 Decontaminating Apparatus. On December 4, after EGI and other firms had responded to the solicitation, AMCCOM referred to the price EGI had submitted in a mailgram sent to the Small Business Administration (SBA) concerning this and other on-going procurements of the M13 Decontaminating Apparatus. EGI charged that this constituted improper public disclosure of its price, and that the subsequent conduct of negotiations in the procurement therefore constituted an improper auction. We dismissed this aspect of the protest as untimely. Under our Bid Protest Regulations, 4 C.F.R. § 21.2(a)(2) (1986), EGI had to protest the alleged disclosure within 10 working days after the firm knew about it; EGI received the

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