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B-196729 1 (1980-06-16)

handle is hein.gao/gaobadiit0001 and id is 1 raw text is: 





                         THE COMPTROLLER GENERAL
DECISION       .         OF  TME   UNITED STATES
                         WASHINGTON. D.C. 20548
                 * LNITOO


 FILE: B-196729                DATE:  June 16, 1980

 MATTER  OF: Hotpack Corporation-Request for
             Reconsideration

 DIGEST:

     Prior GAO decision finding.protest
     untimely noted that amendment' issued
     only to two responding offerors
     considerably broadened field of
     competition by reducing definitive
     responsibility requirements. GAO
     stated that 19 nonresponding firms
     originally solicited might have
     responded with knowledge of change
     in responsibility requirements.
     However, we failed to consider limit-
     ing effect that solicitation's tech-
     nical requirements had on extent of
     competition.  Therefore contracting
     officer had reasonable basis for not
     canceling and resoliciting because of
     admendment.  Prior decision dismissing
     protest is sustained except for state-
     ment that consideration should have
     been given to resolicitation under
     reduced responsibility requirements.

     Hotpack Corporation (Hotpack) requests reconsider-
ation of our decision in Hotpack Corporation, B-196729,
April 2, 1980, 80-1 CPD 246, dismissing its protest con-
cerning negotiated solicitation No. DADAl5-79-R-0042
issued by the Department of the Army, Walter Reed Army
Medical Center.

     In that decision, we found Hotpack's contention
that the Army showed bias and favoritism toward Mid-
Atlantic Laboratory Equipment Co. (Mid-Atlantic), the
only other offeror, in waiving original solicitation
requirements through amendments 0002 and 0003 was
untimely filed and not for consideration. Our prior
decision also noted Hotpack's assertion that the Army
should cancel the solicitation and reissue a new one
so that other suppliers could have the opportunity to

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