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B-215706.2 1 (1984-09-18)

handle is hein.gao/gaobadlxm0001 and id is 1 raw text is: *-, r 'y' 1 STHE* COMPTOOLL11N WENUAL S OECISION D THE UNITED STATUE WASHINGTON, O.0 . 20540 FILE: B-215706.2 OATE: September 18, 1984 MATTEROF: Asgard Technology, Inc. DIGEST: Prior decision is affirmed where reconsidera- tion request merely reflects protester's dis- agreement with prior decision and does not raise any new facts or legal arguments which show that prior decision was erroneous. Asgard Technology, Inc. (Asgard), requests reconsidera- tion of our decision in Asgard Technology, Inc., B-215706, Aug. 13, 1984, 84-1 C.P.D. Asgard protested that based upon the oral advice of a procuring official that negotiations would be reopened after the receipt of best and final offers, the firm failed to submit its lowest price in its best and final offer. We denied Asgard's protest stating that negotiations should not be reopened after best and final offers' are received unless it is clearly in the government's best interest to do so. Sperry Univac, B-202813, Mar. 22, 1982, 82-1 C.P.D. 264. We further stated that, assuming Asgard erroneously was advised that negotiations would be reopened, oral represent- ations given before award are not binding and should not be relied upon and pointed out that the solicitation warned offerors that oral instructions given before award are not binding. Stimulators Limited, Inc., B-208418, Nov. 23, 1982, 82-2 C.P.D. 1 473. We also denied Asgard's contention that the procuring activity improperly accepted a price reduction from Paper- graphics, the otherwise low offeror. The procuring activity accepted the price reduction based upon Defense Acquisition Regulation 5 7-2002.4(e), reprinted in 32 C.F.R. pts. 1-39 (1983), which allows the government to accept a late modifi- cation to an otherwise successful offer which makes the terms more favorable to the government, Harris Corporation, B-204827, Mar. 23, 1982, 82-1 C.P.D. 1 274; Blue Cross of Maryland, Inc., B-194810, Aug. 7, 1979, 72-9 C.P.D. 93. We explained that the procuring activity properly applied the regulation because Papergraphics submitted the low acceptable best and final offer and, therefore, neither the relative standing of offerors nor the outcome of the

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