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B-220582.3 1 (1986-03-21)

handle is hein.gao/gaobadmga0001 and id is 1 raw text is: 



                         TE COMPTROLLER 01E°NERAL
 DECISION      .        • oP THE UNITEO        STATE8
                           WSHINGTON, 0. C. 20548



 FILE:         B-220582.3      DATE: March 21, 1986

 MATTER OF:      Canon U.S.A., Inc.--Request for
                   Reconsideration

 DIGEST:


     Prior decision is affirmed where the
     protester has not shown in its request for
     reconsideration that GAO erred in concluding
     that an agency's award of a purchase order
     for six microfilm reader/printers to other
     than the low priced supplier under a Federal
     Supply Schedule contract on the basis of
     greater maintenance availability was a
     legally sufficient justification for the
     award and did not constitute an improper
     fracturing of the agency's real needs.


     Canon U.S.A., Inc., requests reconsideration of our
decision in National Micrographics Systems, Inc; Canon
U.S.A., Inc., B-220582 et al., Jan. 9, 1986, 86-1 CPD
if   • In that decision, we concluded that a contracting
agency's determination to purchase six microfilm reader/
printers from other than the low priced supplier under a
mandatory, multiple-award Federal Supply Schedule (FSS)
contract was supported by a sufficient legal justification
in accordance with the applicable regulations. We also
concluded that the protesters had not prevailed in their
assertion that the agency's acquisition constituted an
improper fracturing of a much larger requirement with the
intent to evade the maximum order limitation stipulated in
the FSS contract. Canon urges that our prior decision is
legally erroneous on several points and, therefore, should
be reversed. We affirm that decision.

     The Bureau of the Public Debt (Bureau), Department of
the Treasury, had identified a need for microfilm reader/
printers utilizing the newer plain paper technology to
replace the reader/printers in current use which require dry
silver paper. In order to evaluate the comparative perfor-
mance of plain paper reader/printers available for purchase,
the Bureau requested various vendors to furnish their


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