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B-191887 1 (1979-02-15)

handle is hein.gao/gaobadgya0001 and id is 1 raw text is: 


                        THE  COMPTROLLER GENERAL
DECISION                 OF  THE   UNITED    STATES
                         WASHINGTON, O. C. 20548



        B-191887    L              -
FILE:                        IDATE: February 15,. 1979
               Malott & Peterson-Grundy, Contractors;
MATTER  OF:    Vibra Whirl and Company--request for
               reconsideration
DIGEST:
1.  Where4request for reconsideration of decision
    dismissing complaint against award of contract
    under Federal grant only restates facts and
    arguments fully considered by GAO, decision is
    affirmed.

 2.  Suggestion that grantee reject all bids received
    and then negotiate with bidders is rejected,
    since  in response to invitation properly reflecting
    grantee's minimum needs grantee received at least one
    responsive bid at reasonable price.

    Malott & Peterson-Grundy, Contractors, and Vibra
Whirl and Company (Malott) request reconsideration of
our decision in Malott & Peterson-Grundy, Contractors;
Vibra Whirl and Company, B-191887, January 2, 1979.
The decision concerned a request that we review the
award of a contract to Atlas All-Weather Tracks (Atlas)
by  the Ysleta Independent School District, El Paso
County, Texas, under a grant from the Economic
Development Administration (EDA), Department of
Commerce.

    The grantee's invitation requested bids for the
 construction and renovation of outdoor recreational
 facilities, including the installation of an Atlas
 All-Weather Track Surface, or an approved equal.
 Malott, the apparent low bidder, had drawn lines
 through the brand name Atlas that was preprinted in
 the invitation and inserted the brand name Reslite.
 Malott's bid was determined nonresponsive because it
 had not complied with the solicitation's required
 procedure to obtain approval of Reslite as an equal
 product, and award to Atlas, the second low bidder,
 was recommended.

     In its complaint, Malott contended that the bid
was responsive notwithstanding the failure to follow

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