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[Request for Reconsideration]

B-205700.3 May 20, 1983
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Highlights

A firm requested reconsideration of a prior decision which denied its protest of the cancellation of an Army solicitation for hydraulic transmissions. The Army canceled the procurement when it found that the brand name transmissions it desired were no longer being manufactured. The protester argued that the prior decision was erroneous for two reasons: (1) GAO mistakenly noted that the protester was not authorized by the brand name company to represent its assembled transmissions as the brand name sought by the solicitation; and (2) the decision improperly concluded that the firm's transmissions could not have been made the subject of an award under the solicitation as issued. GAO stated that significant data and warranty requirements would have to have been added to the canceled solicitation to permit consideration of the firm's allegedly equal bid. These additions were not allowable since this would have resulted in an essentially new solicitation under which no competition had been achieved. Additionally, the record did not show that the allegedly equal bid was, in fact, equal to the brand name product. Accordingly, the prior decision was affirmed.

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