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B-194151 1 (1980-07-16)

handle is hein.gao/gaobadikm0001 and id is 1 raw text is: THE COMPTROLLER GENERAL O THE UNITEO STATEB W ASHINGTON. D.C. 20549 FILE B-194151 DATE: July 16, 1980 MATTER OF: The Harris Corporation etonsiderationJ DIGEST: 1. Upon reconsideration, prior decision which held grantee's reservation of right to waive any and all discrep- ancies or irregularities in substitute equipment offered suggested invita- tion overstated minimum needs is modified since applicable State regulation only permitted waiver of minor irregularities and, therefore, grantee did not have unlimited dis- cretion to waive irregularities. 2. Recommendation that agency responsible for administering grant determine whether to release funds is withdrawn. On April 22, 1980,,our^Office issued its decision on the request for review of The Har-ris Corporation (Harris) (B-194151, April 22, 1980, 80-1 CPD 282) con- cerning the award of a contract to the RCA Corporation (RCA) for television broadcast equipment by the Milwaukee Area Technical College .(MATC). The contract was funded, in part, by a Federal crant currently being administered by the .National Telecommunications and Information Administration (NTIA), Department-of Commerce. Our decision found that since MATC had, in the! solicitation, specifically reserved the right to waive any discrepancies or irregularities in the equipment offered, it appeared MATC had overstated its minimum needs in the specifications and that particular features of the RCA equipment were not essential. Because we concluded that MATC did not obtain maximum open and free competition, we recommended that NTIA determine whether to withhold the Federal.grant funds

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