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B-272414.7 1 (1996-12-20)

handle is hein.gao/gaocrptaejb0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Canon USA, Inc.; Minolta Corporation File: B-272414.7; B-272414.8; B-274628; B-274628.2 Date: December 20, 1996 Andrew Mohr, Esq., Cohen & White, for Canon USA, Inc., and Robert Brams, Esq., and Michael Schaengold, Esq., Patton Boggs LLP, for Minolta Corporation, the pro testers. Trisa J. Thompson, Esq., and G. Matthew Koehl, Esq., Seyfarth, Shaw, Fairweather & Geraldson, and Harry Orenstein, Esq., for Xerox Corporation, an interveno r. Turhan Robinson, Esq., and Marie Adamson Collins, Esq., General Services Administration, for the agency. Guy R. Pietrovito, Esq, and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Dismissal of protests as academic is affirmed where the corrective action provided by the contracting agency prior to the filing of the agency's report on the protests is the maximum relief that the General Accounting Office would have provided had a decision been issued finding the protests have merit; protesters are not entitled to reimbursement of the costs of filing and pursuing the protests where the agency timely implemented its promised corrective action. 2. Protest that a modification to a firm's multiple award schedule contract exceeds the scope of the contract and is an unjustified sole source procurement is academic where the modification was rescinded within two weeks of the date on which the protests were filed, and prior to the modification's effective date, ordering agencies were advised that equipment could not be ordered pursuant to that modification. DECISION Canon USA, Inc. and Minolta Corporation request reconsideration of our dismissal of their protests of the award of delivery orders to Xerox Corporation by the United States Army Information Systems Command (USAISC) and the General Services Administration (GSA) under contract No. DAE32-94-D-0004 (0004), for the rental and maintenance of photocopier equipment. Canon and Minolta also protest GSA's issuance of modification No. 49 to Xerox under its Federal Supply Contract Group 36, Part IV Schedule Contract No. GS-26F-1001B (1001B) for photocopier equipment, maintenance, and services, to allow federal agencies to convert 12151219

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