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B-178478 1 (1973-06-29)

handle is hein.gao/gaobaacwt0001 and id is 1 raw text is: COMPTROLLER GENERAL Of THlE UNITED STATES I1 WASItNGTCJN. D.C. 10541 SD17W78 June 29, 1973 Aerostnlo Corporation Post Office ox 46.7 Clearater, Florida 33530 Attention: Mr. Herbert J. Frank iPEST DOCUMENT AVAILABLE Oentlemon: by letter dated May 24 , 1973, and prior vcorrespo dene, you protestet ag inst the use of a Qualified Products List (Q1L) under invitatim for bid& (In) No, C10019.73--0121, issued by the Navy Purchasing Office for a requirement of the Naval Air Blystas Ca= d (,AAnV). The 1T we issued on tHarch 23, 1973, for the proouremmt of 1,031 MU-?a/A Altimeter-PBcoders, other associated items, and option for an additionma 9,264 Alt.aeter-Encoders It ,is Q your position that a QPL is not a proper method of proouremiet in the instant cae because: 1. There are no companion o certified as being on t4. qulified products list at the proent time. 2. It has alv ys been my opinion, and I ttink the law, that an UM) must contain at least two or more qualified bidders to make it an IFt* * * Thie 0t 2.* e has conistently held that the qualified product. nethod of procurement is proper in certain ciromstances even though it has the efect of restricting cocetition . 36 Comp. Gen. 809 (1907). o oh dotermination whether to use a QfL for a particular procurament i a decision reserved to the appropriate prourement officials and, absent a showing of bad faith, is not subject to question by thie Office. B-162449, Nfova*er 2, 1967. You are correct in your statement that no product was on the QPL for this item at the time the 1F7 was isued, Hovever, it Is reported that a quolification requirement for this item was established in la 1972, *wd notice thereof was publiched in te Comeroe Business Da ly in June 1972, purnuant to Armed Berioceo Procrement Reguplation (ASPR) l-1105e As a result of this notico, '- *i, :'/( - - -

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