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B-177660 1 (1973-04-24)

handle is hein.gao/gaobaadvk0001 and id is 1 raw text is: 



                      COMPTflOLLER GENFRAL dF THE UNITED STATES
(l  9., WASHINGTON. D.C. 0AI3

       11-177660                                    April 214, 1973



                                   14





       Aqua-Chem, Inc.
       WVater Technologies Division
       P. O Box 421
       ?ilwauhee, Wiconsin 53201
            Attention:  Ir. flalph 1W. Oladbach

                        Sales Manager

       Gentlemen:

            Reference in made to your letter of Iiarch 27, 1973p and prior
       correspondenco, protenting atowltvt award to any bidder other than
       Aqua-Chemp Inc,, under invitatioli for bide Jo. 1100140-73-B-0358,
       issued by the iaval Regional Vror.uremont Office# Philadelphia.

            lie invitation requested bids for the design, manufacture,
       shop testing, o delivery of a shall and tube type, water to
       wator, heat excangor in accordance with the accompanying
       &pacification* 0f the nine bids received, Aqua-Cher ls was seventh
       Io, You contend that thn LtKx low bids wore nonresponsive to the
       invitation vpcift.cation and that, consequently, award should be
       made to Aqua-Cherm

            Aithouch the contracting officer believes the sixth low
      bid of the Uawning t Lewis Eginecring Co. in responsive to the
      invitation raqui-erentsl he propoue  to cancel the invitation
      and to negotiate the procuremient under Armed Services Procurement
      Regulation (ASPR) 3-2l02(.Lii)9 which prnits negotiation when
      it is not poesible to dra.t a specification suitable for fornal
      advertising.

           rormal advertising was originally utiliced for the procurement
      on the basic of advice from the requiring activity, Lhe laval Air



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