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B-186545,B-187413 1 (1977-04-13)

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                          DCCOUINT 3130SU
02051   [A1052037]
(Defective Specifications].  B-186545; 3-187413. April 13, 1977.
16 pp.
Decision re  Raymond Corp.;  Schreck industries; by Robert P.
Keller, Deputy  Comptroller General.
Issue Areas Federal  stocuremeat of Goods and Servicec:
    Definition of Performance  Requireuents in Relation to Need
    of the Procuring Agency  (1902).
Contact: Office of the General Counsel:  Procurement Law II.
Budget Function: National Defense:  Department of DefPse  *
    Procurement & Contracts  (058).
Organizatica Concerned: Clarklift-est;  Department  of the Air
    Force: Sacramentc Air Logistics Center,  acClellan APB, CA.
Authority: 10 u.S.C 2304(a)(2).  -107126  (1976). A.S.P.R.
    7-2003.11(b).
         Two companies protested the award of  a contrait for 12
forklift trucks, conteading that ae   of the specifications
restricted competition and were iaptssible of peforsance.  The
provision which excluded particular 'design was withott a
reasonable basis. Listed salient charactcristic of a brand-name
item was unduly reatrictve  of competition. Mc  forther
deliveries of the brad-name  item should be accepted until the
item's compliance with salient characteristic is established
through actual demonstration. In the future  cral amendments to
solicitations should be confirmed in writia4.  (Author/SC)

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