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B-195429 1 (1979-10-29)

handle is hein.gao/gaobadumk0001 and id is 1 raw text is: ~OtALR c' T - xr THE COMPTROLLER GENERAL DECISION 0-F THE UNITED STATES 9.4>*~W ASHINGTON, 0. C. 2.0E48 FILE: B-195429 DATE: October 29, 1979 MATTER OF: Lanier Business Products, Inc. DIGEST: Protester's contention that reductions in its Federal Supply Schedule prices effective before award made its equipment the least expensive is denied because protester's price was still higher than award price. Lanier Business Products (Lanier) protests the award of purchase order DABT35-79-F-3953 for a dic- tation system to Dictaphone Corporation by the Depart- ment of the Army, Fort Dix, New Jersey. Lanier contends that it offered lower prices than Dictaphone for the same equipment. We disagree. Prior to awarding the purchase order, the con- tracting officer contacted four firms that held Federal Supply Schedule (FSS) contracts, informing them of the specifications to be met and the contracting officer's opinion as to which of each respective contractor's equipment best satisfied the Army's needs. The sup- pliers were requested to either confirm the contracting officer's understanding of their equipment or identify alternatives by February 28, 1979. This was accom- plished by individual discussions between supplier and Army representatives. Lanier and Dictaphone offered the lowest prices. The February 28 schedule price was $40,557 for Lanier and $39,673 for Dictaphone. The prices used for evalua- tion purposes, however, included a General Services Administration discount and the addition of a penalty for foreign products, as required by the Buy American Act, 41 U.S.C. § 10a&et se (1976). Lanier's evaluated price was $46,228.92 and Dictaphone 's evaluated price was $44,489.84. .........>~. ...... .~ ,

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