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B-185717 1 (1976-04-30)

handle is hein.gao/gaobaddoc0001 and id is 1 raw text is: 01.LER 0, p THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASH I NGTON. D.C. 2054 FILE: B-185717 DATE: April 30, 1976 MATTER OF: Disposables Inc. 9 ff9 DIGEST: Where contract for coveralls was based on offer not conforming to RFP in that stitching in required sample was single instead of double and contractor has submitted same nonconforming offer on 10 RFP's in past which resulted in contracts, contract is not nullity. Disposables Inc. protested the award to Safety Consultants, Hawaii, for coveralls negotiated pursuant to the public exigency exception to advertising, 10 U.S.C. § 2304(a)(2) (1970), by the Naval Supply Center, Pearl Harbor, under request for proposals (RFP) No. N00604-76-R-0011. Paragraph F11 of the RFP specifications required the coveralls to have French, double stitched seams. Paragraph F13 required a sample coverall to be submitted with the proposal and stated that the sample would be tested or evaluated to determine compliance with the characteristics in paragraph Fll. Paragraph F13 stated further that the failure to conform to all characteristics would result in rejection of the offer. The basis for the protest is that the sample coverall furnished by Safety Consultants did not meet the stitching specifications. Based on a review of the situation made after the protest, the con- tracting agency has advised that Disposables' allegation is correct. However, the agency has stated that the contracting officer submitted the Safety Consultants sample for technical review prior to award and was advised then that the sample was in conformance with the RFP specifications. Further, the contracting agency has stated that it considered terminating the contract when it learned bf the im- proper award, but decided that it would be in the best interests of the Government to allow the award to stand. The basis for the con- clusion was that when the specification matter was brought to the - 1-

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