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B-195043.2 1 (1979-10-24)

handle is hein.gao/gaobaduic0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 I U.-9 9. s628 FILE: B-195043.2 DATE: October 24, 1979 MATTER OF: Dictaphone Corporation - Reconsideration DIGEST: Where request for reconsideration essentially only restates argument previously considered, prior de- cision is affirmed. Dictaphone Corporation (Dictaphone) requests reconsideration o our decision in Dictaphone Corpo- ration, B-195043,'September 25, 1979, 79-2 CPD in which we denied the firm's protest against the issuance by the Federal Bureau of Investigation (FBI) of a delivery order to Lanier Business Products, Inc. (Lanier), for dictation equipment under the then cur- rent General Services Administration (GSA) Federal Supply Schedule (FSS) Contract No. GS-005-66650. Dictaphone had protested that at the time the order was issued Dictaphone was the lowest cost sup- plier under the FSS contract for the dictation equip- ment that would meet the FBI's needs based on a price reduction approved by GSA during the term of the con- tract. Dictaphone also protested that the Lanier units purchased were not in current production when offered by Lanier to GSA under the FSS contract, which Dicta- phone contended was a violation of that contract's terms. We found that since Dictaphone had failed to ful- fill its responsibility to make the price reduction known to the FBI or other agencies, the FBI's reliance on otherwise current data showing Lanier as the lowest- priced FSS supplier was proper. With respect to the other issue, we stated: * * * clause 494 of the FSS contract with GSA, entitled 'Workmanship,' provides that 'Any item contracted .. .. . .

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