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B-206513.3 1 (1982-10-01)

handle is hein.gao/gaobadkqy0001 and id is 1 raw text is: 


                         THE COMPTRaLLER G3ENERAL
DECISION       -         OF THE UNITED        STATES
                         WASHINGTON. O.C. 20548




FILE: B-206513.3               DATE: October 1, 1982

MATTER OF:     Beacon Winch Company -- Reconsideration


DIGEST:                -,

     Request for reconsideration that presents
     arguments and facts which were previously
     considered and rejected or information
     which was known to protester and could have
     been presented in connection with original
     protest is denied. Protester will not be
     permitted to remedy defects in original pro-
     test by presenting its position piecemeal
     and avoid the consequences of its failure
     to meet burden of affirmatively proving its
     position.

     Beacon Winch Company requests reconsideration of
our decision in Beacon Winch Company, B-206513.2, May 18,
1982, 82-1 CPD 478. Beacon had challenged the responsi-
bility of Teppert Tool & Engineering to perform a con-
tract for the manufacture and delivery of winches under
invitation for bids No. DAAE07-82-B-A022 which was issued
by the Department of the Army. We dismissed the initial
protest because our Office does not review affirmative
determinations of responsibility made by the contracting
officer unless there is a showing of possible fraud on
the part of the procuring officials or the solicitation
contained definitive responsibility criteria which alleg-
edly had not been applied. There were no definitive
responsibility criteria and we did not accept Beacon',s
characterization of the Army's actions as being tantamount
to fraud.

     Section 21.9(a) of our Bid Protest Procedures, 4
C.F.R. Part 21 (1982), requires that a request for recon-
sideration contain a detailed statement of the factual or
legal basis which allegedly warrant reversal of our prior
decision specifying any errors of law or information not
previously considered by our Office. Information not
previously considered means information which the protester


(313 1 l

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