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B-178603 1 (1973-10-11)

handle is hein.gao/gaobaadeh0001 and id is 1 raw text is: 


               Ct,
                        COMPTRoLR GENERAL OF WE UNITED STATES
               *.                 WAI4HINGTOtL D.C, 2048
    09

           -17&03                                        Otober 1, 1973



         Roaco Kctufwturins Company
         4701 Ssutirwore Road
         WtihintrAi, D.C. 20016

              Attention: tfr, Harold J..Fremid
                          GovemsSnt Bales
         Girtleasnr

              Oy letter dated July 24, 1973t and prior correspondence,,yotu
         protested the [la of an alletedly rotrLct.tve spcificattonlin two
         *oltcltotiotajoisuod by thefrrt.ge ct Unitod Utates Departvont
         of Agriculturo. The firet solicitation its canceled subsequent to
         the protest because of an  nbiguity in its toso. Purnuunt to a
         dotcnidnation of urgency, a contract vas awarded under the resolicita-
         tion on June 28, 1973, to , B. Etnyre and Copray. Since the lats
(        is the same with regard to both aoltcitntiowA, ws have  onislderod
         your protest in the context of the latter uolicltation.

              Solicitation 3-73-33 van issued by the Forest Servcea on Jute 4,
         1973, for an asphalt distributor, .The nolicitaton ivcludod a require
         mnt for an inside tan closing valw and it in this provision which
         you conttnd is restrictive.

              Tho reasons ltvsn In the Administrative report for te inelunlou
         of thi, specification are privrtly safety related, The Forent Sero-
         vice otateu tlat an inside valve is alwAyo froe to open and clone
         since it is vuherred In hot fluid Aphalt, vhereaa on outaide valwi
         te exponed ro cold weather and subject to plugging because of harden-
         ina of the acphalt. Ihen this occurs, it is necessary to apply heat
         to a nlt the plug. This is accoplished either with a blow torch or
         burning oil-soaked rags. The Forest Soervica stites t hat this
         proceduro is costly in terms of wasted asahours and hazardous to aen,
         aqulpment and surrounding titber,.

              It is your position that the design employed in your asphalt
         distributor Is equal to or better than that specified. You contend
         that plunging does not cecor In your outside valving arrangement
         beasune the material inside is constantly circulating, thuroby



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