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B-191003 1 (1978-07-14)

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DECISION


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THE  COMPTROLLER OSENERAL
OF  THE UNITED UTATES


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D .C. 2054  0


FILE:

MATTER   OF:


-191003


DATE: July 14, 1978


Dictaphone Corporation


DIGEST:
     Under section 40.9(a) of Bid Protest Procedures
     interest'ed party's request for reconsideration
     of decision recommending that interested party's
     contract be terminated for convenience will not
     be honored where interested party was epprised
     of protest and afforded opportunity to submit
     comments but failed to do so.

     Dictaphone Corporation requests reconsideration of
our decision National Office Equipment Company,  -191003,
June 6, 1978.  Because the contracting agency admitted
making an improper award to Dictaphone and the existence
of signific&nt defects in the solicitation, we recon-
mended that the contiact with Dictaphone be terminated
for the convenience of the Government.

     Section 20.9(a) of our Bid Protest Procedures,.
4 C.F.R. § 20.9(a) (1977), provides thet reconsideration
of a decision o' the Comptroller General may be requested
by, among others, any interested party who submitted
comments during consideration of the protest.  Dictaphone,
an inteiested party, although apprised of the protest
and afforded the opportunity to submit comments during
our consideration of the protest did not do so.


     Accordingly,
that the above dec


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we will not honor Dictaphone's request
ision be reconsidered.



For the Comptroller General
       of the United States


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