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B-189763 1 (1977-10-12)

handle is hein.gao/gaobadfel0001 and id is 1 raw text is: ' -z 'THE COMPrROLLER FENERALR DECISION F THE UNITrE rATUE WASHINGTON. 0. C. 2C540 (1J~ C%J FILE: B.-189763 DATE: October 12, )977 MATtER OF: Eric P. Schellin DIGEST: 1. Agency's determination to procure foreign and domestic patent services under single solicita- tion rather than break out domedtic services for separate procurement will not be disturbed absent clear showing of unreasonableneos. 2. Precluston of particular offeror from procure- ment does not render specifications unduly re- atrictive where specifications reflect legitirata agency nueds. Eric P. Schellin protests as unduly restrictive of competition request for proposals (RFP) No. W-10- 19561-JHC -3, issued July 1, 1977, by the National Aeronzatice and Space Administration Headquarters Contracts Division (NASA), Washington, D. C. The RFP contemplates award of three or more identical indefinite quantity type contracts for the performance of professional patent services concerning NASA's foreign and domestic patent dockets and re- quires offerora to submit offers to provide all of the services specifiad in the statement of work. These services include novelty searches, infrLngement studies, validity studies, title searches, prepara- tion and prosecution of U.S. patent applications, preparation of foreign applications, foreign trans- lations, filing of patent applications in countrias other than the United States, foreign patent prose- cution, and payment of annuities. The protester contends that the grouping of foreign patent work with domestic patent searches and prosecution under a single RFP precludes firms which have an expertise in only one of these areas from submitting offers and,therefore, eliminates smaller businesses from competing. Tne piatester believes the RFP should b't withdrawn and two new RFPs, -1-

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