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B-185043 1 (1976-01-27)

handle is hein.gao/gaobaddry0001 and id is 1 raw text is: 




                            ~THE  COMPTROLLER GENERAL
DECISION                     OF   THE UNITED STATES
                             WASHINGTON, 0. C. 20548




FILE:    B-185043                   DATE:  January 27,1976

MAATTER   OF:   Modular Ambulance Corporation;
                 Star-Line Enterprises, Inc.

DIGEST:

     GSA solicited and synopsized procurement of military
     ambulances under FSC 2320 classification (light truck)
     as opposed to FSC 2310 classification (ambulance) because
     (1) light truck chassis are used in manufacture of mil-
     itary ambulance vehicles and (2) 2320 classification
     has traditionally been used. Since record reflects that
     adequate competition and reasonable prices were obtained
     and there was no deliberate exclusion of protesting
     bidders, contention that they were denied opportunity
     to bid does not merit reprocurement. (See cases cited.)


     Modular Ambulance Corporation (Modular) and Star-Line Enterprises,
Inc. (Star-Line), ambulance manufacturers, have protested the pro-
posed award of a contract to any other bidder pursuant to invitation
for bids (IFB) FFHL-D2-A0031-A-7-21-75, issued by the General Services
Administration (GSA) on June 20, 1975. The IFB was for a definite
quantity of ambulance emergency medical care vehicles, for military use.

     GSA reports that all firms listed on the Tape Oriented Mailing
System for FSC classification 2320--light trucks--received IFB's.
The light truck list was used because GSA has customarily used this
list when purchasing ambulances for military use. Such ambulances
are built on light truck chassis as opposed to passenger car chassis,
which are used for civilian ambulances. Although GSA's List of
Commodities has a separate and distinct classification for ambulances--
FSC classification 2310, this classification covers only ambulances
built on passenger car chassis.  Additionally, GSA reports that the
instant procurement was synopsized in accordance with Federal Pro-
curement Regulations (FPR) § 1-1.1003-2 (1964 ed.), in the June 18,
1975, issue of the Commerce Business Daily, under the heading LIGHT
TRUCK.

     Although Modular and Star-Line do not deny the above-related
facts, they contend that GSA solicited bids under the wrong FSC
classification (i.e., 2320 as opposed to 2310) and synopsized the
instant procurement in the Commerce Business Daily under the wrong


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