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B-191677 1 (1978-07-27)

handle is hein.gao/gaobadgfz0001 and id is 1 raw text is: /1F0 ;e CEI O . r WNE COMPTROLLER GENERAL DECIBION 0' OF T14s un!rEn STrArms ; WAMINGTON. D.C. 20fl48 FILE: B-191677 DATE: Julv 27, 1978 MATTER OF: Tagg P.asoiates JIGEST: Because small purchases are made under simplified procedures and without require- ment to obtain maximum competition, GAO will not consider protest concerning alleged specifica'ionJ3iproprieties in small purchase procurement absent allegation of fraud or bad faith by procuring activity, or allegation that a reasonable effort was not made to secure competition from a representative number of responsible firms. Tagg Associates (Tagg) protests the liurchase of a computer software cystem to be used to measure comguter hardware performance at a number of Defense Logistics Agency.(DLA) computer centers. Request for Quotatiois (RFQ) DLA 710-7-0-129 was issded by the Defense Construction Supply Center, under the simplified small purchase procedures set forth at Armed Services Procurement Regulation (ASPR) 5 3, pt, 6 (1976 ed.). Tagg 'asserts that the RFQ is deficient in two respects. First, Tagg believes that the technical specifications set out in the RFQ are written around a system mnrketed by Reliability Research, Inc. (Reliability). Second, Section F.2.3 of the RFQ defines the minimum required customer base against which per- formance of DLA equipment would be compared. Tagg con- tends that this requirement does not relate to system performance and serves 'only to restrict competition, resulting in a sole source procurement from Reliability. DLA denies that the RFQ requirements are intended to restrict the procurement or to pre-select any vendor. Use of specifictions which are designed to permit full and free competition is required under the law applicable to formal advertisements for bids. 10 U.S.C. I I

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