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B-190035 1 (1978-03-31)

handle is hein.gao/gaobadfwj0001 and id is 1 raw text is: ? THE COMPTROLLER GENPRAL CECIBION . ' . OF THE UNITEn BTraE WASHINGTON. 0.C, Rofla~tn FLE: B-190035 DATE: March 11, 1978 MATTER OF: Storage Technology Corporation- Reconsideration DIGEST: 1. GAO Bid Protest Procedures contemplate that requests for-reconsideration of bid protest decisions are to be resolved as promptly a7 possible. Therefore, where it appears from record and submission of party requesting reconsideration that prior decision is not legally erroneous, GAO will decide reconsid- eration request without requesting comments from procuring agency. Issuance of decision under such circumstances is not premature or unfair to party requesting reconsideration whitch states it expected to receive copy of agency response and hale opportunity to reply thereto. 2. Where solicitation language does not require submission of information concerning preven- tive maintb-once prior to award, bidder's insertion of bid price in IFB for such main- tenance constitulas an offer to provide the required maintenance and acceptance of bid results in binding obligation to perform in accordance with GJovernment's require.nents. By letter of December 16, 1977, Storage Technology Corporation (STC) requests a second reconsideration of our decision, Storage Technology Corooration, B-190035, October 3, 1977, 77-2 CPD 257, affirmed November 21, 1977, 77-2 CPD 388. The decision dealt with a zolicitation which required the contractor to provide preventive maintenance on the equipment it furnished to the Government under the con-- tract. The solicitation stated as follows: - 1- ' I I t-

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