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B-203659.2 1 (1981-11-30)

handle is hein.gao/gaobadjwx0001 and id is 1 raw text is: 


                                1$ 33 THEN COMPTRO0LLIER QENERMAL &g/e
                  DECISION              , OF THE UNITEL         TATEU8
                                          WASHINGTON,        .L. 20154S3



                 FILE:    B-203659,2            DATE; tloverber 30, 1981

                 MATTER OF: Hil-Air Engines & Cylinders, Inc.,-
                               Reconsideration
                 DI EST:


                       Prior decision is affirmed because
                       protester hbE not shown any errors
                       of law or fact in conclusion that
                       the initial adverse agency action
                       occurs when the agency proceeds
                       with the cloting, as scheduled,
                       instead of taking the corrective
   qaction suggested by the protester.
                       Mii-Air Engines & Cyltnders, Inc. (Mil'-Air),
                  requests reconsideration of the portion of our
                  decision in tho matter of Mil-Air Engines & Cylinders,
                  Inc., B-203659, October 26, 1981, 81-2 CPD   ., which
                  dlimissed, as untimely, Mil-Air's basis of proteat
                  alleging that the Air Force conducted an improper
                  auction. Mil-Air contends that our conclusion
                  inappropriately penalizes a protester for permitting
                  the procuring agency to rule on a protest filed with            F
                  the agency# After considering Mil-Air's contention,
                  we affirm the prior decision.

 •T .he relevant facts are not disputed, on March 30,
                  1981, Mil-Air was advised that the Air Force wanted a
                  second best and final offer. On March 31, 1981, Mil-Air
                  protested to the Air Force contending that a second
                  round of best and final offers was unnecessary and
                  that, in view of the two price proposals already sub-
                  mitted, the Air Force was conducting an improper
                  auction.

A l,                   By amendment dated April 6, 1981, the Air Force
  .,              requested that second beat and final offers be sub-
                 mitted by April 20, 1981.  On April 17, 1981, Mil-
                 Air submitted its second best and final offer and
                 renewed its protest of March 31, 1981.   Mil'-Air
!                 also offered to withdraw its protest if it was deter-,
                 mined to be the successful offeror.
 1 ! I



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