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B-205594.3 1 (1982-09-24)

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                                        '~THE COCMPTRCLLER GENERAL
                  OECIICN      ..W 1OF T i4E UNITED           GTATIU
                                     4W AS14H1N C3T C N.D.C.20C5 40f


                        B-205594.3
                  FILE:                        DATE: September 24, 1982
                                  Space Age Engineering, Inc.--
                  MATTER OF:      Reconsideration

                  DIGEST:


                  1. Requirement in GAO Bid Protest Procedures that
                      requests for reconsideration specify errors of
                      law or information not previously considered
                      refers to information which may have been
                      overlooked by GAO or 'ihich was unavailable
                      during pendency of protest, not to information
                      which party seek.ng review had opportunity to
                      eubmit but declined to submit,

                  2. Allegation that bidder had submitted a bid
                     modification which made its bid balanced does
                     not previde the basis for reconsideration where
                     '.he interested party know that agency had based
                     Its report on the original bid, without
                     reference to any alleaed modification, and the
                     Interested party expressly declined to provide
                     any information in this regard during the
                     pendency of the protest.

                  3. Where protester's argument is based on
                     disagreement with earlier decision, without
                     demonstrating that it was erroneous, protester
  * ~                has not presented basis to reverse prior
                     decision.

                     Space Age Engineering, Inc. (SAE), requests
  'i              reconsideration of our decision regarding the protest
                 of Lear Siegler, Inc., B-205594.2, June 29, 1982, 82-1
     'PD 620

                      We affirm our decision of June 29, 1902.
                      In that decision, we found that SAE had submitted a
                 mathematically unbalanced bid which required rejection.
                 flowever, since the solicitation in question had failed to
 4l               include a required clause warning bidders of the possible
                 rejection of unbalanced bids as nonresponsive, we held
'*                that the solicitation was materially defective and
                 recommended that it be canceled.

 IEL


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