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B-188234, JULY 11, 1977

B-188234 Jul 11, 1977
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PRIOR DECISION WILL NOT BE RECONSIDERED BECAUSE REQUEST FOR RECONSIDERATION DOES NOT SPECIFY FACTUAL OR LEGAL GROUNDS FOR MODIFICATION OR REVERSAL. MAY NOT BE CONSIDERED (1) ALTHOUGH THE LATENESS WAS CAUSED BY ROADBLOCKS ENROUTE DUE TO A SNIPER IN THE AREA. (2) ALTHOUGH RECEIVED BEFORE THE OPENING OF OTHER OFFERS SINCE THE OFFER WAS IN DPI'S CUSTODY UNTIL DELIVERY. DPI BELIEVES THAT OUR CONCLUSION "IS NOT SUPPORTED BY A FULL EXAMINATION OF THE FACTS.". MUST CONTAIN A DETAILED STATEMENT OF THE FACTUAL AND LEGAL GROUNDS UPON WHICH REVERSAL OR MODIFICATION IS DEEMED WARRANTED. SINCE DPI HAS NOT ADVANCED ANY ADDITIONAL FACTS OR LEGAL ARGUMENTS WHICH SHOW THAT OUR EARLIER DECISION WAS ERRONEOUS.

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B-188234, JULY 11, 1977

PRIOR DECISION WILL NOT BE RECONSIDERED BECAUSE REQUEST FOR RECONSIDERATION DOES NOT SPECIFY FACTUAL OR LEGAL GROUNDS FOR MODIFICATION OR REVERSAL.

DATA PATHING INC.-- RECONSIDERATION:

DATA PATHING INC. (DPI) REQUESTS RECONSIDERATION OF OUR DECISION IN DATA PATHING INC., B-188234, MAY 5, 1977, 77-1 CPD 311, WHICH CONCLUDED THAT DPI'S HAND-DELIVERED BEST AND FINAL OFFER, RECEIVED AFTER THE CLOSING DATE, MAY NOT BE CONSIDERED (1) ALTHOUGH THE LATENESS WAS CAUSED BY ROADBLOCKS ENROUTE DUE TO A SNIPER IN THE AREA, AND (2) ALTHOUGH RECEIVED BEFORE THE OPENING OF OTHER OFFERS SINCE THE OFFER WAS IN DPI'S CUSTODY UNTIL DELIVERY.

DPI BELIEVES THAT OUR CONCLUSION "IS NOT SUPPORTED BY A FULL EXAMINATION OF THE FACTS." REQUESTS FOR RECONSIDERATION, HOWEVER, MUST CONTAIN A DETAILED STATEMENT OF THE FACTUAL AND LEGAL GROUNDS UPON WHICH REVERSAL OR MODIFICATION IS DEEMED WARRANTED, SPECIFYING ANY ERRORS OF LAW MADE OR INFORMATION NOT PREVIOUSLY CONSIDERED. 4 C.F.R. 20.9(A) (1977). SINCE DPI HAS NOT ADVANCED ANY ADDITIONAL FACTS OR LEGAL ARGUMENTS WHICH SHOW THAT OUR EARLIER DECISION WAS ERRONEOUS, WE MUST DECLINE TO RECONSIDER OUR MAY 5, 1977, DECISION.

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