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B-178282 1 (1973-07-27)

handle is hein.gao/gaobaacwn0001 and id is 1 raw text is: kI


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                                          I0
                    COMrTROLLR GEHERUL. OF THE UNITIED ITATES
                              WASHIHGWTN D.C. 1LC441


                                            R7-JUL27 ,173






     IMDCorporation
     116f9 Sorrento Valey Road
     suite 0
     haDiego Californ.a 92121

          Attentions Kr. DouglanP. ,Eumberger
                      National alos anager

     entlemena

          We refer to your letter of March 21, 1973, vith enclonures,
     protesting against the rejection of the DiED Corporation (D.11)
     proposal under request for proposals (WP) floe DE'A120e73-mRl20,
     issued by the Defense Perconnel Support Center, E.ladolphia.

          The procurement covered the furniting of 31,250 boxes of
     electronio thermeter probe cove, F M65  458-775, or a
     total of 7,812,500 covrs, and wan to be negotiatau ider 10 U.S.C.
     23(a)(7f. Doing the initial procurement of the Item under a
     newly developed peciticaton, neg!otiation w ere considered to be
     necexsury no as to determine specification tviequcoy and riAnon-
     sblsness of price In the event of a lack of o.ompetition,

          Deciase t'e forwarding letter accapanyin. the .4) proposal
     Indicated that the D3K) offer was contingent upn approval of a
     number of deviations rc the specification, the Directorate of
     Medical Materiel was requested to evaluate the popoecd ,leviationa
     aM determine vnether ouch doflations vould be acceptablo. The
     ryeited dovfltione were not approved because it krs felt that
     an item produced without a metallic sensing tip wouuA not respond
     as rapidly an4, possibly, not an aocuratol1y and that the fuediate
     container of 10 covers munt remain sterile until opened to reduce
     the possibil3ity of croe-contamination from patlent to patient.
     DUD   as notited of this detercdnatibn.  WD then requested re-
     cmsideration of its proposed deviations and presented Ciata In
     eu'oz t tlereof. I= vas then contacted telepbon   a  by the

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