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B-198704 1 (1980-10-03)

handle is hein.gao/gaobadipm0001 and id is 1 raw text is: i THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 ILE: DATE: October 3, 1980 B-198704 MATTER OF: Impact Instrumentation, Inc.-- Reconsideration CDIGEST: Prior decision, dismissing protest, is affirmed where protester does not show that decision contains any error of fact or law. Impact Instrumentation, Inc. (Impact), requests reconsideration of our decision in the matter of Impact Instrumentation,.Inc., B-198704, July 28, 1980, 80-2 CPD 75. The pertinent facts in that case follow. The Defense Logistics Agency (DLA) issued a solicitation on a brand name or equal basis for the procurement of 532 portable suction devices to be, used in aspirating secretions, blood, etc., in the emergency treatment of unconscious or injured persons. One .model manufactured by Impact and one model manu- factured by Laerdal Medical Corporation (Laerdal) were identified as brand name items. Originally, March 6, 1980, was the closing date for the receipt of offers and by that date Impact and Laerdal had submitted offers. At that point, the contracting. officials realized that the, solicitation did not include two standard contract clauses. Therefore, on March 19, 1980, D1A issued an rnendment which incorporated these two clauses in the solicitation and alscx established a new, clpsing date, QfApril 1, 1980, 1Upon receiving this amendment on March -25, 1980, Impact requested a further- extension of the closing date so that it could reassess its proposal and perhaps offer a lower- line product which would be comparable to Laerdal's equipment but lower in price. However, on March 27, 1980, the contracting officer denied this request. In its initial protest to our Office, Impact stated it made no objection at that time because, under this negotiated procurement, it believed that the superior features offered by its product would offset any price advantage Laerdal might have.

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