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B-192773.2 1 (1980-02-07)

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Wnshington ZA,ltC DCban 2 C054 COUniC05g Ul4o8
Wa~shington, DC 20548


Pa n horn Cvnl otn  T ncli


15 Daniel Roand
Pairfield, New Jersey 07006


Attention:


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                          Office of
                          General Counsel
                          In Reply
                          Refer lo:B-19 2 7 7 3.2

     Pchruary 7, 1980


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        ;Lrjt:s. Inc!.


Robert A. Gessncr
Manager, Proposal Engineerinq


Gentlemen1.

     We refer to your letter dated December 3, 1979,
asking us to reopen your protest of the award of a
subcontract by Turner Construction Corporation (Turner),
the prime contractor under contract No. 100-76-0500 with
the Department of Health, Education, and Welfaro (HlEW)
foc construction of an arbulatory care research facility.
We closed the protent file on November 1. because you
did not send a timely reply to our request of Septem-
ber 8 for a statement of your continued interest in
thu protest.

     You have stated that your firm han no tocord of re-
ceiving our letter of Septewber 28, and therefore did
not respond. You have asked us to review your position
thni; the specifications contained in a solicitation issued
by Turner fOr an automatic/manual cart system unreasontably
restrict competition.   Since our files indicate that the
september 26 letterwas mailed to you, we 0t11 not reopen
the protest, but we will, a.: you requested, review your
alleo akions basud on the existing record.

     You indicate thati your fir-m did not submit a bid on
this project prirnrily b)ecause the specification ca11
for five featuces whiich your syntm docri not L owsens;
You' OjceL to theso portils of the specifEictations as
restrictive of comrnrVtition.  irst, you s'te thiat the
spocifictations call [or the module, a componcnt of the
systunli, to be li fted off the floor and carricd by the


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