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B-191003 1 (1979-01-09)

handle is hein.gao/gaobadgug0001 and id is 1 raw text is: 



                    4.0j'LER
                             THE COMPTROLLER GENERAL
    DECISION      .        . OF  THE   UNITED STATES
                             WAS  H INGTO N , O.C. 20548



    FILE:  B-191003               DATE:   January 9, 1979

    MATTER   OF:      The Department of the Army,
                     ERequest for Modification of
                     GAO  Recommendation
    DIGEST:

         Contract for lease with option to purchase
         dictating and transcribing equipment was not
         made to low offeror and solicitation contained
         significant defects. Recommendation that contract
         be terminated for convenience is affirmed where
         record suggests that installation of new system
         after resolicitation will result only in minor,
         short-term administrative inconvenience to using
         activity and proper method to determine least cost
         to Government is competition. Even though
         implementation of recommendation may result in
         some adverse effects and increased costs, it is
         necessary to preserve integrity of competitive
         procurement s s

         The   e             e Army (Army) request  modifi-
     cation of our recommendation set forth in the matter of
     National Office Equipment Company, B-119Q3, June 6,
A    1978, 78-1 CPD 413.               ---

          The pertinent facts in that case follow. The
     United States Army Training Center and Fort Dix issued
     a request for quotations (RFQ) soliciting otters on a
     brand name or equal basis for a 3-year lease of dictating
     and transcribing equipment (D/T equipment). Among other
     things, the offers were evaluated on the basis of an
     option to purchase the leased equipment at the end of
     the lease term. The equipment was to be installed at
     the Walson Army Hospital (WAH).

          The contracting officer determined that Dictaphone
     was the low offeror and awarded it the contract. National
     Office Equipment Company questioned the manner in which
     the Buy American Act differential was applied to the
     price of the equipment in a protest here. After re-
     evaluation of the offers, the Army found that Dictaphone
     was not the low offeror; and, consequent2y, the award to
     Dictaphone was improper.

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