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B-184751 1 (1976-06-24)

handle is hein.gao/gaobaddct0001 and id is 1 raw text is: -THE I!IT - JL1 WV DECISION * OF THE UNITED STATES WASHINGTON, D. C. 20540 FILE: B-184751 DATE: June 24, 1976 MATTER OF: Fechheimer Brothers, Inc. DIGEST: 1. Once oral or written discussions are held with one offeror within competitive range, discussions must be conducted with all offerors in that range. However, contracting officer's request for second sample from one offeror and for certification that sample meets specification does not constitute discussions with the offeror since second sample was not accepted as sub- stitute for original sample and offeror was obligated to meet specifications under terms of its offer even in absence of certification. 2. Specification may not be regarded as too indefinite to permit formal advertising merely because agency has no experience with the specification. Rpther, specification itself must be evaluated to determine if it is sufficiently definite to permit formal advertising. Fechheimer Brothers, Inc. (Fechheimer) has protested the award of a requirements contract for uniforms by the United States Secret Service to Gerber Manufacturing Company, Inc. (Gerber) under request for proposals (RFP) No. USSS 75-R-75, of a requirements contract for uniforms. Fechheimer claims that Gerber was given an opportunity to revise its proposal but that no such opportunity was provided to Fechheimer. The RFP requested offerors to submit both a sample of the cloth to be furnished under the contract and a certification that the sample met the specifications. Of the four offerors on Group I uniform items (blouses, trousers, skirts, reefers), none fur- nished the certification and only Gerber, the low offeror for Group I uniform items, and Fechheimer, the second low offeror, fur- nished the required sample. After submission of proposals, the contracting officer informed Gerber that he could not determine if the Gerber sample met the specification requirement that cloth be stock dyed rather than piece dyed. He also called Gerber's attention to the certification requirement. Gerber subsequently furnished both another cloth sample and a certification. Award was then made to Gerber. - 1-

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