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B-192242 1 (1978-09-25)

handle is hein.gao/gaobadgmc0001 and id is 1 raw text is: DECISION king .* THE COMPTROLLER RENERAL op: THE MITED STATES W AUaH I NTON, D.C. *054U up FILE: 3192242 DATE: MATTER OF: Mcclane Enterprises i .Nonmandatory user of Federal Supplj'Servic'e (FSS) schedule, bontriat cannot be held to have breacheid FSS schedule contract solely because it parrhases more of itemfrom cne contractor than another contractor which has lower price. 2. GSAj''provideaFSS schedule crr.tacts as primary source of-supply otr all agencies, with certain exceptior's. Howeverdt is using agency that is responkible for mak'ingdeterminktio of which product will satisfy.minimum'needs at NLiest cost. Coniracts do not contain promiegdB or guarantees as to volume of sales and, therefore, .here cannot be breach of contract on part of SSA. McClanehEnteriaea (McClan4)vks cmolained to our ffice rith iespect to an 'tleqed breach of con- traci by. both the Department of Agricultue, Forest Servi\A(Agriculture), and the General Services Admiril tration, Federal Supply Service (GSA), Thisapparent cd4m for breach of contract con- cerns contract No.'.GS-1OS-40749 (-40749), issued by GSAs for ttee markihg paint for the period of July 1 1977, to June'31, 1978. I On-Mayfl25,, 1977,-McCla'ne ifas-awarded mbltiple-award contract .474% to sell ttree-matking paitit t Eall depart- ments and'independeit.etablishments, includin wholly owned Government corporations in the executivel1branch of t' Federal Government (except the U. S. Postal'%ervice, Departmdht, of 'Aricultdte'and Veterans Addinistration) insuch' quantities as may. b&needd t' f'il requiremeht determined in accordange with currently applicable procuremenr and supply procedures. (Emphasis supplied.) It must be noted that the specific f'xclusion I' Is 'LL ..1 I I I - I I I I Sentember 25, 1978 .Id F A I

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