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B-194986 1 (1980-05-21)

handle is hein.gao/gaobadigy0001 and id is 1 raw text is: ~ ~ TH comPTROLLER GENERAL DECIBION OP THE UNITEO STATES W' WA S H IN.G.T0N. 0. C. 20548 C NITE FILE: B-194986 DATE: May 21, 1980 MATTER OF: Megapulse, Inc.--Reconsideration T71 DIGEST:J Where decision rendered in response to expressed interest from court is no longer subject of litigation and no court has requested GAO to reconsider decision, GAO declines to reconsider when protester filed timely request for reconsideration but untimely filed required detailed statement concerning factual or legal basis to modify or overturn decision. Megapulse, Inc., requests reconsideration of our decision in the matter of Megapulse, Inc., B-194986, January 15, 1980, 80-1 CPD 42, which we rendered in response to an expression of interest from the court in connection with Megapulse's complaint filed in Megapulse, Inc. v. Adams, et al., Civil Action No. 79-1414, in the United States Dis.trict-Court for the District of Columbia. The decision held in part that (1) Megapulse had not met the burden of showing- that the agency's technical opinion and judgment--that no severable basic technology was developed at private expense--was not reasonable and (2) Megapulse provided no direct evidence that cognizant Government personnel ever made assurances to protect delivered proprietary data and the contracts tended to show that the agency intended to use and disclose delivered data in com- petitive procurements. Consequently, the January 15, 1980, decision denied Megapulse's protest. On January 24, 1980, Megapulse filed its request for reconsideration on the ground that GAO imposed a new standard of proof on Megapulse and Megapulse is in the process of producing the evidence to meet that standard. Megapulse also stated that it would furnish sworn affidavits and other documentation to show that (1) the funds and efforts used to develop the proprietary designs, manufacturing formulation, processes, and other data were solely Megapulse's; (2) such funds were ~\2~5b1

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