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![handle is hein.gao/gaobadgey0001 and id is 1 raw text is:
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THE COMPTROLLIT. EAF1A
DECISION . . o ran UNITa XrsI /
WASHINGTON. 0. arOUBd
FILE: 8-190505 DATS: Ju3y 3, 1978
MATTER OF:
D.B. Saxon Company, Inc.--
Reconsideration
DIGEST:
Prior decision recommending cancellation
of request for proposals and resolicitation
under small business restricted advertis-
ing procedures and that agency submit
Standard Form 98 (notice of Intention to
Make a service Contract) to Department of
Labor ic affirmed where request for re-
consideration makes no showing of erroneous
ltgal conclusions and thrust of request
is negative impact of our recommendations
on apparent low offeror's ability to sat-
isfactorily consummate Chapter XI bank-
ruptcy proceedings, -
Gary Aircraft Corporation (Gary).-rtquests re-
consideration of our uecision 8.B. Saxon Company# Inc.,
8-190505, June 1, 1978, 57 Comp. Gen. , 78-1
*CPD . Gary requests that GAO withdraw our
recommendation that the agency resolicit the pro-
curement, or that in the alte-rnative, that 'the rules
announced in [the] decision be given a prospective
rather tnan a Cetrospective.application.
Saxon, supra, was a pre-award protest involving
request for proposals (RFP) P41608-77-12-R-863S
issued by tna Department of the Air Force for a
multi-year requirements contract for the repair,
overhaul and modificatfon of aircraft engines and
repairable parts. The pricurement was a 100% small
business set-aside. B.B. Saxon Company, Inc. (Saxon)
cited eight alleged deficiencies in the RFP, among
them the exclusion of the procurement irom the coverage
of the Service Contract Act (SCA), 41 U.S.C. 351 et
seq. (1970 and Supp. V 1975), and the use of negoitated
* procurement procedures rather than formal advertising
procedures for the procuremei.t. Saxon did not submit
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