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108760 1 (1979-03-07)

handle is hein.gao/gaobadgzf0001 and id is 1 raw text is: 



                          THE COMPTROLLER GENERAL
  DECISION         ~OF THE UNITED STATES
                          WASHINGTON, 0. C. 20548



  FILE:     B-19 3147          DATE:  March 7, 1979

  MATTER  OF:   J.rS. Tool Co., Inc.
f,4/%z   ~'~77       ~     g  -~  e                  7'/
  DIGEST:

1.   Fact that potential bidder is unable or
     unwilling to compete because of terms of
     specification does not render specification
     unduly restrictive if it represents legiti-
     mate needs of agency. Specification requiring
     bidders to submit sample wrenches for
     toughness test to ensure that they will not
     fragment when used as contemplated is legi-
     timately related to agency's needs.

2.   Protester has not shown with clear and con-
     vincing evidence that agency lacked reason-
     able basis for incorporating toughness test
     into new specifications for two types of
     wrenches. Since they are of similar metal-
     lurgical structure, and both are used to
     repair jet engines, deficiencies in one type
     of wrench provideadequate basis for agency
     determination to require toughness test in
     procurement of both types.

3.   Agency is not obligated to notify incumbent
     supplier of specification changes.that will
     be incorporated in future solicitations;
     inclusion in new solicitation issued to all
     potential bidders at same time is adequate
     notice.

     J. S. Tool Co., Inc. (J. S. Tool) protests the
inclusion of a toughness test in the specifications
of invitation for bids (IFB) No. FTAN-F3-10119-A-10- ,4&c.XW
11-78, issued by the Federal Supply Service, General 4e/7
Services Administration (GSA) on September 11, 1978.
By TEfls solicitation, GSr-inTtended to procure crowfoot
wrenches used primarily to repair and maintain jet
aircraft engines. J. S. Tool did not submit a bid.


0  0395±

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