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B-189032 1 (1978-01-10)

handle is hein.gao/gaobadfnt0001 and id is 1 raw text is: 








                        THS  COMPTROLLE GENERAL
DECISION .F THE UNITED STATES
                        WAG  H INOTO  N  D.C.  20B4  8
                  IT1


FILE:   8-189032

MATTER  OF:   A


DATE:  Jauary 10, 1978


ustin-Campbell Co.--reconsideration


   DIGEST:


           1.  Prior decision is affirmed where protester
               has not demonstrated decision was based
               upon error of fact or law.

           2.  Solicitation was properly canceled and
               readvertised, where, according to protester's
               argument, it was ensnared into nonrespon-
               siveness by defective specifications, and
               defective specifications may have prevented
               maximum competition.



     Austin-Camnpbell Co. has requested reconsideration of
our decision in Austin-Campbell Co., B-189032, September 28,
1977, 77-2 CPD 236, in which we held that the proteuter's
bid under invitation for bids No. DACAO7-77-B-0003, issued
by the United States Army Corps of Engineers, was properly
rejected as nonresponsive and the solicitation canceled and
readvertised.

     The procurement was for a cold storage room for use
in Korea and award was ultimately made to another firm
under the cesolicitatlon. (Austin-Campbell did not bid.)

     Austin-Campbell conteilids that our decisirn is
erroneous because it is based upon the fact chat Austin-
Campbell bid on a refrigeration unit having a 15,300-
BTU/H  capacity when in fact it did not bid on any capacity
as the solicitation's capacity was undefined and to submit
capacity data would have required us to make assumptions.



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