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B-178594 1 (1973-08-03)

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                        t044HrmoLLv tw GNERAL OF mxt154UNITED sTATEs


         11178594                           August 3, 1973


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         cihbrli-Banhart Co. Ip u.
         40 Mighland Street
         tort Chester, New York  10573

              Attentks:gj Kr, William MacDonald
                          Vice President
         Gentlanons

              This is in reply to your letter of JLly 6, 1973, concerning
         your protest again3t the restrictive character of the specifications
         in invitation for bids (IFB) No. 65-73, issued by Saint Etizabeths
         HospLtal, Department of Health, Zducationjand Welfare (HEW).

              The IFB requested bids for furnishing and installation of
         detention screens on various buildings at the hospital. Twenty
         three firms were sent copies 6U the solicitation, Only Metal.
         Coastrucon Services Corporation (Metal) submitted a bid, it,'he
         amount of $98,860   AL' er an urgency determination was made pursuant
         to section 1-2.407-8(b)(4) of the Federal Procurement Regulations,
         award was made to Metal on June 15, 1973.

              As two of the bases of your protest were rendered academic by
         the issuance of modification Ho. 2 to the IP which deleted certain
         portions of the specifications, we will deal only with the out
         remaining ground, that the specifications ax e restrictive in that
         only Metal's standard product would meet the specifications.

              The specification required a detention screen with a box frame
         type coastuction as opposed to' the open channel construction of your
         scoren.  You and Hotal are the only two companies that manufacture
         dgtention screens. The Govrnment construction engineer has advised
         that due to the size of a numbei of the screens (over 7 feet high)
         a aufficiennly rigid fr&me is necessary to avoid the frame racking
         or twisting when opened. Based on past experience, it was determined
         that only the box type frame was sufficiently rigid to n4et this



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