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B-218447.5 1 (1986-07-09)

handle is hein.gao/gaobadmjr0001 and id is 1 raw text is: 

1. 0          The Comptroller General
              of the United States
              Washington, D.C. 20548
              Decision




              Matter of:  GTC Group--Reconsideration Request

              File:       B-218447.5

              Date: July 9, 1986



              DIGEST

              1. Request by performing contractor for an increase in its contract
              price does not warrant reversing prior decision recomrmending award to
              that firm since the request does not change the fact that the contractor
              was entitled to award as the low responsive bidder.

              2. Questions regarding contractor performance, payment and termination
              are matters of contract administration for consideration by the
              contracting agency, not the General Accounting Office.


              iUCISION

              G'TC Group requests reconsideration of our decision in Energy Mainte-
              nance Corp; Turbine Engine Services Corp., 64 Comp. Gen. 425 (1985),
              85-1 C.P.D. If 341, aff'd, Turbine Engine Services-Request for
              Reconsideration, B-218447.2, June 25, 1985, 64 Comp. Gen.     , 85-1
              C.P.D. If 721. In that decision, we held that the United States Coast
              Guard improperly had canceled a solicitation for turbine engine over-
              hauls. We recommended that the Coast Guard reinstate the solicitation
              and award a contract to Energy Maintenance Corp. (EMC), the low
              responsive bidder, if the firm was otherwise eligible for the award.

              The Coast Guard proceeded with a fixed-price contract award to E4C as we
              recommended, and EMC has begun performance. GTC, a bidder on the origi-
              nal procurement, recently obtained information under the Freedom of
              Information Act indicating that EMC has requested increases in its prices
              for certain contingency items for the repair of two gas turbine genera-
              tors. GTC argues that since EMC received the award based on its low bid
              (while GTC was denied an award due to its higher bid price), EMC's
              request for a price increase should invalidate the award. We dismiss the
              reconsideration request.

              Our Office will consider a request for reconsideration of a prior
              decision only where the requester presents information supposedly indi-
              cating that the decision was legally erroneous or failed to take into
              account all facts presented. Bid Protest Regulations, 4 C.F.R.

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