About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-205501.2 1 (1983-01-17)

handle is hein.gao/gaobadkvc0001 and id is 1 raw text is: 
                      'P7 THE COMPTROLLER GENERAL
DECISION                 OF THE UNITED STATES
                      A, WASHINGTON. 0. C. 20548




FILE:     B-205501.2          DATE:    January 17, 1983

MATTER OF:     SAFE Export Corporation--Reconsideration


DIGEST:


    Protester which withheld known relevant facts
    during development of initial protest which
    was dismissed as untimely cannot by way of
    request for reconsideration  cure defects in
    initial protest or avoid consequences of its
    failure to affirmatively prove its case.

    SAFE Export Corporation requests that we reconsider
 our decision in SAFE Export Corporation, B-205501,
 September 28, 1982, 32-2 CPD 289 in which we dismissed
 its protest as untimely under our Bid Protest Procedures,
 4 C.F.R. Part 21 (1982). For the reasons discussed below,
 this request is denied.

     This procurement has been the subject of three prior
 decisions by our Office. In 1980, SAFE protested the
 agency's refusal to permit a pre-proposal inspection of
 the alarm system control boxes which were to be serviced
 under the contract. SAFE also objected to certain pro-
 visions of the solicitation. This protest was denied in
 part and dismissed in part, a decision which we affirmed
 upon reconsideration. Security Assistance Forces &
 Equipment International, Inc., B-199-3-7, 7Tarct77, 1981,
 81-1 CPD 200, affirmed on reconsideration, B-199377.2,
 June 2, 1981, 81-1 CPD 435.

     Upon receipt of our June 1981 decision, the Army
 proceeded with award of a contract to an offeror other
 than SAFE, even though SAFE's price was the lowest,
 because the Army had determined SAFE to be nonrespon-
 sible. Over 4 months later, in November 1981, SAFE
 protested to our Office, objecting to the determination
 that it was not responsible and asserting that, as the
 low offeror, it should have received award of the con-
 tract. Although SAFE acknowledged receiving our March
 and June 1981 decisions in which its objections to the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most