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B-193693 1 (1979-08-03)

handle is hein.gao/gaobadhlx0001 and id is 1 raw text is: 



                          THE COMPTROLLER GENERAL
 DECISION            ..2  OF  THE   UNITEO     STATES
                          WASHINGTON, D. C. 20548




 FILE:  B-193693                DATE: August 3, 1979

 MATTER   OF:   Lanier Business Products, Inc.--
       equ(Aes/ b/Reconsideration
 DIGEST:

 1. Upon reconsideration, GAO will consider information
    available to procuring activity concerning its
    legitimate needs not submitted during pendency
    of protest.

2.  Where legitimate needs of Government can be satisfied
    from only single source, law does not require that
    those needs be compromised in order to obtain
    competition.

    In  the matter of Lanier Business Products, Inc.,
B-193693, April 3, 1979, 79-1 CPD 232, we sustained
Lanier's protest because the Interstate Commerce Commission
(ICC) had failed to show a need for the background mode
duplicating requirement (specification 6) and the subscript,
superscript on screen display requirement (specification
12) for text processing equipment. We recommended revision
of the specifications and resolicitation.

     The ICC requested reconsideration of our decision
and submitted detailed information concerning the
propriety of its specifications. We withdrew our recom-
mendation; however, we suggested that the ICC review the
need for the on screen requirement before it utilizes
it again for any future procurement. Interstate Commerce
Commission--Reconsideration, B-193693, June 11, 1979.

     Lanier Business Products, Inc. (Lanier), now requests
reconsideration of our June 11, 1979, decision. In
urging reconsideration, Lanier states that the detailed
support submitted by the ICC was not new material. In
fact, the rationale for the specifications provided
by the ICC was submitted in conjunction with another protest
filed by Lanier, i.e., Lanier Business Products, Inc.,
et al., B-192432, February 9, 1979, 79-1 CPD 88. Hence,
the ICC failed to comply with the Bid Protest Procedures
for reconsideration since the ICC's information was
previously considered.  See 4 C.F.R. S 20.9(a) (1979).

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