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B-197248 1 (1980-01-16)

handle is hein.gao/gaobabjqs0001 and id is 1 raw text is: GAO United States General Accounting Office W~hinvcitcwn 1lC 5fl A Office of /s/0 / iV/,#t ,r # efer to: / / 1. January 16, 1980 B- 197248 Waldman & Renda, P.A., Counsel to Communications Consulting Corporation 1107 Goffle Road - P.O. Box 508 Hawthorne, New Jersey 0750:7 Attention: David Waldman, Esq. Dear Mr. Waldman: We have received your letter on behalf of Communi- cations Consulting Corporation informing us that Racal Communications, Inc., the awardee of General Services Administration contract7 No. 00544976, refuses to sell its product to the general public, as you allege is required by the contract between GSA and Racal. You request that Racal be required to comply with the con- tract conditions or, in the alternative, be barred from receiving GSA contracts. We are not aware of any contract provision that requires a contractor to do business with the general public, but even if such a requirement does exist, it is questionable whether the provision was intended to provide third parties with enforceable rights under the contract. In any event, whether Racal complies with contract requirements is a matter of contract adminis- tration and is the responsibility of GSA rather than this Office. Although we have no information regarding the sub- ject contract, we surmise that Racal's contract rn.ay provide that the firm's contract price may be no greater than the price charged to the general public. This pre- sumes, of course, that the product is sold commercially. The purpose of such a requirement, however, is to assure that the Government will get a competitive price, and not to benefit any private third party wishing to con- tract with Racal. Sincerely yours, Milton J. Sboolar General Counsel I' - . / ; -g 5-- ry 6 8agl, (( I ,

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