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B-213327.2 1 (1984-02-13)

handle is hein.gao/gaobadlno0001 and id is 1 raw text is: 

                            THE COMPTROLLER GENERAL          >JA
    O   I18ION             .'OP THE UNITEO STATES
                            WASHINGTON. 0.C. 20548




    FILE: B-213327.2              DATE: February 13, 1984

    MATTER OF' Flexfab, Inc.--Reconsideration


    DIGEST:

    Request for reconsideration which contains
    information previously considered is denied.

    Flexfab, Inc. (Flexfab), requests reconsideration of
our decision in Flexfab, Inc., B-213327, December 16, 1983,
83-2 CPD 701.

     The request for reconsideration is denied.

     Flexfab had protested that Defense Logistics Agency
(DLA) invitation for bids (IFB) No. DLA700-83-B-1304, issued
for air duct hoses, an item on a qualified products list
(QPL), was ambiguous because the IFB coversheet indicated
that a differential would be added to the bid of any bidder
who did not indicate that it would perform in a labor sur-
plus area (LSA) and provision L29a(e)(iii) provided that no
differential would apply for an item contained on a QPL.

     We denied the protest because we found that while the
solicitation was confusing, it was not ambiguous. We noted
that a solicitation must be read as a whole and, if pos-
sible, effect must be given to each clause of the solicita-
tion. We applied this rule and concluded that the cover-
sheet stated the general rule for LSA procurements and pro-
vision L29a(e)(iii) stated the exception which applied when
the solicitation requested an item on a QPL.

     Flexfab now claims that we did not consider the fact
that the person who prepared the IFB coversheet checked the
box which indicated that the procurement was a total LSA and
wrote by hand the QPL number. Flexfab contends that this
indicates that the person preparing the IFB knew that the
item was on a QPL, yet still thought that bids would be sub-
ject to the LSA differential. Flexfab concludes that this
factor demonstrates that the IFB was ambiguous.

    Our Bid Protest Procedures require that a request for
reconsideration specify any error of law made or information
not considered in the previous protest. 4 C.F.R. § 21.9(a)
(1983); Martin Machinery Company--Reconsideration,
B-211677.2, July 13, 1983, 83-2 CPD 88. Our decision in

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