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B-278298 1 (1998-01-14)

handle is hein.gao/gaocrptahnw0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Midmark Corporation

             File:       B-278298

             Date:       January 14, 1998

             Dick Moorman, Jerry Stahl, and Olive Tumbusch for the protester.
             Charles D. Kellam for Enochs Manufacturing, Inc., an intervenor.
             Col. Nicholas P. Retson, Maj. Michael J. O'Farrell, Jr., and Fredrick M. Lewis, Esq.,
             Department of the Army, for the agency.
             Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Agency properly placed an order with Federal Supply Schedule vendor offering the
             lowest price for equipment meeting the agency's needs.
             DECISION

             Midmark Corporation protests the issuance of delivery order No. DAKF23-97-F-0524
             to Enochs Manufacturing, Inc. by the Department of the Army for medical
             examination tables for the Blanchfield Army Community Hospital (BACH) at Fort
             Campbell, Kentucky. The delivery order was placed under Enochs's Federal Supply
             Schedule (FSS) contract.

             We deny the protest.

             After receiving a purchase request from BACH for 119 medical examination tables,
             the contracting officer decided to purchase the requirement under the FSS program.
             The FSS program, directed and managed by the General Services Administration
             (GSA), provides federal agencies with a simplified process for obtaining commonly
             used commercial supplies and services at prices associated with volume buying.
             Federal Acquisition Regulation (FAR) § 8.401(a). When placing an order under an
             FSS, an agency is not required to seek further competition, synopsize the
             solicitation or award, or determine fair and reasonable pricing, since the planning,
             solicitation, and award phases of the FSS satisfy these FAR requirements.
             FAR § 8.404(a); Design Contempo, Inc., B-270483, Mar. 12, 1996, 96-1 CPD   146
             at 2.

             The BACH purchase request was for an examination table with a pelvic tilt and
             listed the Midmark Model No. 405 as a compliant model. The contract specialist
             checked the FSS catalog to assess whether there were other examination tables that

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