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B-197776 1 (1980-08-22)

handle is hein.gao/gaobadinb0001 and id is 1 raw text is: A~J~J. -'I MATTER OF: Data General--Reconsideration OIGEST: Prior decision will not be reconsidered because request for reconsideration does not specify factual or legal grounds for modification or reversal. Data General requests reconsideration of our decision in the matter of Data General, B-197776, July 21, 1980, 80-2 CPD , which denied Data General's protest contending that (1) one component of the awardee's system--the COBOL compiler--did not meet Government standards, making the entire system unacceptable, and (2) the Department of Health and Human Services (HHS) should not satisfy its network requirement by using the awardee's proprietary approach--centered around its network approach-- rather HHS should use a more competitive approach. Our prior decision concluded that where an agency's cognizant personnel were aware of the unapproved status of the compiler prior to the procurement action and deleted the compiler from the software requisition because it determined that its needs could be satisfied without the compiler, GAO had no basis to object to the award. Second, our decision concluded that since the protest-- against HHS satisfying its network requirement by using the awardee's proprietary approach--was filed after the closing date for receipt of initial pro- posals it was untimely because under our Bid Protest Procedures, protests against alleged solicitation improprieties, as here, must be filed prior to the closing date for receipt of initial proposals. 4 C.F.R. § 20.2(b)(1) (1980). I / 213 LZ tile, THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0 C. 20548 B-1777 eD E A 2,18 FILE: D_10--r ATE: August 22, 1980 H+F waA 00

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