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B-193693 1 (1979-04-03)

handle is hein.gao/gaobadhch0001 and id is 1 raw text is: 


                       -THE  COMPTROLLER GENERAL
DECISION      .('     .OF THE UNITED STATES
                        WASHINGTON. 0 C. 2054 9




FILE:  B-193693               DATE:  April 3, 1979

MATTER  OF:   Lanier Business ProductsInc.


DIGEST:


         Where contracting agency has failed
         to show that several specifications
         of advertised procurement for lease
         of text editing equipment are such
         that needs of agency cannot be satis-
         fied without them, specifications are
         det  mined to be undul restrictive
         and recommendation ,Amade that pro-
         curement be resolicite& based on'
         actual agency requirements


     Lanier Business Products, Inc. (Lanier), protests
the award of any contract for the lease of text editin       7
equipment under Interstate Commerce Commission (ICC) AU 000
solicitation No. ICC-79-B-0001. The essence of Lanier's
protest is that the specifications issued by ICC for 91
text processor units and 44 high-speed printers are
unduly restrictive, imposing requirements for features
that are not generally available in the marketplace,
except from one manufacturer. The protester also dis-
putes ICC's determination that the specifications
reflect ICC's minimum needs.

     The protest, filed on December 5, 1978, sought to
have the bid opening scheduled for December 6, 1978,
postponed.  Attorney for the protester notified the
contracting officer of the protest on December 5. Not-
withstanding, the contracting officer opened the bids
on December 6 as scheduled. ICC awarded the contract
to Micom Data Systems, Inc., on December 19.

     Tworspecifications specifically protested by Lanier
are:

          6.  Dual media system shall be
     capable of duplicating information from
     one medium to the other in background

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