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B-189971 1 (1978-05-23)

handle is hein.gao/gaobadgbv0001 and id is 1 raw text is: B. Japikse R PL 2 THE COlPYROLLE4 0ENERAL DECISION .OP F THE UNITED STATa FILE: B-189971 DATE: Nay 23, 1978 MATTER OF: orthopedic Equipment Co. DIGEST: 1. Complaint that solicitation was ambiguous is timely raised where protest was filed before bid opening, because protester's original complaint stated ultimate issue. Moreover, ambigaity at iLsue was not apparent on face of solicitation. 2. Due to ambiguity of specification regarding whether use of lead alloy was permittsd, requirement for snap links should be resoli- cited under revised specificatins. The Orthopedic Lquipment Co. (Orthopedic) pro- tests the adequacy of solicitation DSA100-77-H-0987, and Military Specification MIL-S-1478E, as amended, in connection with the Defense Logistics Agency's procurement of snap links, formally described as *Snaplinks, Mountain Piton. orthopedic has raised a number of objections, claiming that the solicitation is ambiguous -an. unduly restricts competition. As the inc :imbent. contractor, Orthopedi! was frustrated in attempt- ing to perform under the same requirements. In its view, the solicitation is impossible to perform as * written. The piotester states that previous con- tracts had been performed by AMF Wyott, Inc. and that Wyot's a snap links were accepted by the Govein- ment under similar specifications. Orthopedic argues that Wyott's snap links wee nonconforming and that acceptance and use of the Wyott snap link demonstrates that the solicitation and Military Specification do not properly reflect the Government's minimum needs. The focus of the protester's complaint ha shifted somewhat while this protest has been pend4.ng. Orthopedic LIz - --- ---.--.-- I

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