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B-190336 1 (1978-05-24)

handle is hein.gao/gaobadgbw0001 and id is 1 raw text is: { / ~. A~r5,FL 2 :5THE COMPTROLL . ERAL DECICION U 2. OF THE UNITEC orATEm WA5HINGTON, D.C. 20548 FILE: B-190336 DATE: May 2k, 1973 MATTER OF: Coast Iror. & Machine Works, Inc. DIGEST: Award of contract was improper where actions of contracting agency were tantamount to waiver of clause requiring bidders to offer a standard commercial product. However, in view of extent to which contract has been performed, GAO con.- cludes that it would not be in Government's best interests to terminate contract for convenience. Coast Iron and Machine Works, Inc. (Coast Iron) protests the award of two contracts to Clarke and Lewis, Inc (C&L) under invitation for bids No. N00600-77-B-1694 (-1694) and oral solicitation No. N00600-77-C-2123 (-2123) issued by the Naval Regional Procurement Office, Washington, D.C. (Navy). Each solicitation sought offers on a six-inch pipe bending machine. These machines are offered in two styles: hinged clamp (shipboard) and swing arm (standard). Although both styles perform the same function, the shipboard bender is of a more compact desiqn. Coast Iron's original protest to this Office was founded upon the assumptions that both solicitations sought a shipboard bender and that both solicitations contained a standar2 commercial product clause which read as follows: The equipment to be furnished hereunder must be a manufacturer's standard commercial product. - L .,

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