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B-189350 1 (1977-10-11)

handle is hein.gao/gaobadfej0001 and id is 1 raw text is: I I THE COMrvPTItOLLF1 GENERAL DECISION . r OF THE U NITED .STATES /I WASHINGTON. D.C. 2054L83 IV FILE: B-189350 DATE: October 11, 1977 C) MATTER OF: Eenjamin Brothers, Inc. (Reconsideration) D:GEST. 1. Request for rvconsideratinn of prior decision is dismissed sio;ce It does not present significant facts which were not previously considered or which would indicate a mistake in fact or law. 2. Where agency intends to award contract for removat and packing ot 39 fewer line itms than tF, 418 line itets listed in solicitation, award may be made without revising specifications to reflect change bLecause reduction is not so sub- atantial as to require negotiations and toLicita- ticn permits award of less than all line items solicited. Benjamin Brothers, Inc. (Benjamin) has requestea rec nsideration of our decision Benjamin Brothers Inc., 5-109350, August 25, 1977, 77-2 CPD 147. That decision involved a request for proposals (RFP) DAAA-25-77-R- 0012, issued by Frankford Arsenal, U.S. Army for the removal and cking of production equipment from the arsenal. The decision held that even though an offeror indicates after the closing date for proposals that it has not submitted its best price and that it can pro- vide monetary savings to the Covernment because of a technological breakthrough, the contracting officer, nevertheless, may exercise discretion in deciding whether, in all of the circumstances, negotiations are required. Benjamin states its belief that our interpretation of the facts was erroneous but it has provided no details which were not previously considered or which would indicate that our interpretation of the facts upon which the previous decision was based was in error. Thus, Benjamin's request has not met the requirements of our Bid Protest Procedures, 4 C.FR. 5 20.9 (1976) which provide that a request 'or reconsideration shall contain a detailed statement of .The factual and legal grounds uponi which reversal or modification is deemed warranted. - 1- KWIII

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