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B-209910.2 1 (1983-08-23)

handle is hein.gao/gaobadlgr0001 and id is 1 raw text is: 

                        THE IOMPTROLLER OENERAL

DECISION                OF THE UNITED        STATES
               eW ASHINGTON              0. C. 20548




FILE: B-209.D                 DATE: August 23, 1983

MATTER OF:    Pettibone Texas Corporation--
              Reconsideration
DIGEST:

     GAO affirms prior decision where
     reconsideration request does not show
     that the decision was erroneous.

     Pettibone Texas Corporation (Pettibone) requests
reconsideration of our decision in Pettibone Texas
Corporation, B-209910, June 13, 1983, 83-1 CPD 649.
Our decision denied the company's protest against the
rejection of its proposal as outside the competitive
range under Federal Railroad Administration (FRA)
request for proposals No. DTFR54-82-R-00050 for the
purchase of two container and trailer handling
vehicles.

     We affirm our decision of June 13, 1983.

     In that decision, we held that Pettibone's
proposal was properly rejected ultimately as outside
the competitive range because Pettibone failed to pro-
vide an adequate description of its vehicle's alleged
bottom lift capability--a capability required by the
specifications. We found that the FRA did not act
unreasonably in excluding Pettibone's proposal from
the competitive range because the bottom lift capabil-
ity was absolutely required and Pettibone did no more
than state its intention to provide this feature even
after being asked to provide a more complete
description.

     Pettibone argues that the record demonstrates
 that the FRA always deemed its proposal to be within
 the competitive range. Specifically, Pettibone notes
 that:  (1) Pettibone's initial proposal was not
 formally determined to be noncompetitive although FRA
 argues that the proposal could and perhaps should
 have been [so] determined; (2) its proposal was
 numerically scored although other clearly noncompeti-
 tive proposals were not numerically scored; and
 (3) the company was never informed that its proposal
 had been determined to be noncompetitive.



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