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B-206434.2 1 (1982-04-09)

handle is hein.gao/gaobadkfk0001 and id is 1 raw text is: 

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                             /  ,'-',& THE COMPTROLLER I ENERAL
               DE-CISION      . ,       OF THE UNITCD          TATE
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                FILE: DB-206434,2             (ATE:     April 9, 19e2

                MATTER OF:    Impact Instrumentation, Inc.

                DIGEST:

                     Complaint iL dismissed as premature
                     where it does not concern immediate
                     procurement but instead challer-es
                     fairness of possible future solici-
                     tations.

                     Impact Instrumentation, Inc. has anked us to
                review the procurement procedures employed by the
                Old Dominion Emergency Medical Services Alliance,
                Inc. (ODEtSA) under a grant from the Department
                of Health and IHuman Services.

                     On February 16, 1982, Impact filed a previous
                complaint with our Office objecting to the proposed
                award by ODEMSA of a contract for portable suction
                units to an allegedly nonresponsive bidder. That
                solicitation was subsequently canceled and the
                requirement was resolicited, Because of an alleged
                ambiguity in the second solicitation, however, ODEMSA
                then notified all offerors that it would not be ac.-
                quiring the items at thse present time. Impact with-
                drew its original complaint.

                     Impact now expresses concern that ODEMSA may
                elect to circumvent proper procurement procedures
                by acquiring a non-compliant device to meet its
                requicements.  Specifically, Impact states that
*               ODEMSA has exhibited a pattern of discrimination
                against Impact; that ODEMSA's alleged past attempts
                to award to a non-compliant bidde: is tantamount
                to restraint of trade which also discriminates
                against other non-compliant bidders which would
                not be afforded preferential treatment; and that
                ODEMSA has no authority to award to a non-compliant
                bidder for an item which does not meet minimum per-
                formance criteria. Further, Impact fears that
                ODEMSA will again attempt to provide rescue vehicles
                with non-compliant devices by circumventing corn-
                petitive bidding procedures.

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