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B-229710.2,B-229719.2,B-229720.2 1 (1988-03-03)

handle is hein.gao/gaobadnad0001 and id is 1 raw text is: %A. The Comptroller General of the United States Washington, D.C. 20548 Decision Matter of- APAC-Tennessee, Inc.--Reconsideration File: B-229710.2, B-229719.2, B-229720.2 Date: March 3, 1988 DIGEST Requests for reconsideration are denied where protester fails to demonstrate factual or legal error or provide any information not previously considered, but only reiterates arguments considered in the initial protests. DECISION APAC-Tennessee, Inc., requests reconsideration of our decision in APAC-Tennessee, Inc., B-229710, B-229719, B-229720, Feb. 8, 1988, 88-1 CPD I . In that decision we denied APAC's protests of the issuance, by the Army Corps of Engineers, of invitation for bids Nos. DACW38-88- B-0002, DACW29-88-B-0007, and DACW38-88-B-0001 as total small business set-asides. The solicitations called for articulated concrete mattresses to be cast along the banks of the Mississippi River at Vidalia, Louisiana, St. Francisville, Louisiana, and Greenville, Mississippi, respectively. We deny the requests for reconsideration. In the previous protests APAC alleged that over the past 2 to 4 years, an award pattern had developed among three bidding firms with respect to the three annual contracts which were the subject of the protests. APAC maintained that because each of the firms had been awarded the contract for work at a particular location for 2 or more years, the contracting officer had no reasonable expectation of receiving more than one low bid from the three firms and, therefore, restriction of the solicitations to small businesses was improper under the Federal Acquisition Regulation (FAR) S 19.502-2 (FAC 84-31). Noting that only one large business--APAC--participated in the competition when one of the three solicitations was issued on an unrestricted basis, we found that APAC's protest was without merit in view of the fact that: (1) in immediately preceding acquisitions of concrete mattresses, C0J4 I - !I

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