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B-411752.2 1 (2016-10-05)

handle is hein.gao/gaobadspi0001 and id is 1 raw text is: SG A O Comptroller General .Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Aldevra--Reconsideration File: B-411752.2 Date: October 5, 2016 Rodney Marshall, Aldevra, for the protester. Capt. Matthew A. Freeman, and Scott N. Flesch, Esq., Department of the Army, and John W. Klein, Esq., and Sam Q. Le, Esq., Small Business Administration, for the agencies. Matthew T. Crosby, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reconsideration of a decision denying a protest is dismissed where the request is based on the holding in a United States Supreme Court decision issued eight months after the protest decision and the Supreme Court decision establishes that the holding is prospective only in effect. DECISION Aldevra, of Portage, Michigan, requests reconsideration of our decision in Aldevra, B-411752, Oct. 16, 2015, 2015 CPD T 339, in which we denied the firm's protest of the terms of request for quotations No. 999313, issued by the Department of the Army, National Guard Bureau, Kansas Air National Guard, for an ice machine/water dispenser. We dismiss the request. BACKGROUND The agency issued the solicitation for the ice machine/water dispenser on June 29, 2015, pursuant to Federal Supply Schedule (FSS) procedures set forth in Federal Acquisition Regulation (FAR) subpart 8.4. The procurement was valued at approximately $4300. The solicitation was not issued as a small business set-aside. Before the solicitation closed, Aldevra, which holds an FSS contract, filed a protest with our Office arguing that the agency's decision not to issue the solicitation as a set-aside was improper.