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B-190793 1 (1978-09-06)

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                4.01IIR .1
                DCSO
DECISION      .        .


D-190793


(2 I t


THE  COMPTROLLER OaJNERAL
OF  THEuN ITE onrTATLeB
WASHIGN.0. DC. 2054a


DATE:  September 6,


1978


MATTER   OF:


Magnasync/Moviola Corporation
for Reconsideration


Request


DIGEST:


      Where request for reconsideration of decision
      denying bid protest only restates arguments
      fully considered in such decision, decision
      in affirmed,  4 C.P.R. S 20.9 (1977).

      Magnasync/Moviola corporation (Magnasyne)
 requests reconsideration of our decision in
 Magnasyhc/MoviolaCorporation,  8-190793, July 12,
 1978, 78-2 CPD 31, in which we denied the firm's
 protest against certain actions by the Department
 of the Air Force which allegedly prevented Magnasync
 from submitting in offer under Air Force request
 for proposals (RFP) No. FO4606-77-R1-0999.

      The IRFP was tssued on September 26, 1977, as
 a 100-percent small business set-aside.  Proposals
 were due by November 9.  On September 26, the Los
 Angeles District Office of the Small Busineus Admin-
 istration (SBA) advised the contracting officr
 that it had determined Magnasync to be other than
 a small business.  The contracting officer, therefore,
 removed Magnasync from the source list for the
 procurement and  advised the firm that in view
'of the SBA determination, the Air Force could not
consider  an offer from Magnasyno.  On November 4,
and while its appeal  to the SBA Size Appeals Board
was  pending, Magnasync submitted a partial proposal
under  the RFP. The proposal did not  include prices
for  the items offered.

     Shortly after  the'closing date for receipt of
proposals, the contracting officer and Magnasyne
were notified by the SBA Size Appeals  Board that
since the initial determination of  the firm's size
status had not been made  in connection with a partic-
ular set-aside procurement, but was furnished at







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