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B-177542(2) 1 (1973-05-23)

handle is hein.gao/gaobaadoq0001 and id is 1 raw text is: iI LEA C COMPThOLLEIt GENERAL OF THE UNITED STATIZ W'ql -II70H er o, D.C. 20549 fla17751$k-2't fy 23, 1973 The Honorable Howard It, 'GJafay 'the Secretary of the Army Dear Mr, Eserotary: Reference is nmade to A latter, f, GC-P, dated Febrary 5, 1973# from the.Deputy General Counnel Headquarters, United States Army )hteriel Comnand concerning the protost of Draddcck1 Dunn and &tDonald, Incorporated (3DM), against ,%%rd of a con- tract to another firm under requeut for propoati flo. DAADO7- 72fR-O69, issued June 30 1972, by the United taten Arw SLectrocs Ooninnd Fort Mnmoth, flev Jersey. Enclosed i a copy or our decision of today to the protesting firm denying its protest. We hate concluded that the lack of neotiation. with D! w Justifited becau 3eDM received such a low technical merit; rting score that nnnhg nesotiutions were K. not possible, e owever, we believe that the record 4n the instant cae is less than convincing in attempting to justify the procuring activity's Caflure to conduct any technical discusion solclY on the basls of' avoiding technical transfusion or loveling. ta- thcuah we recognize that it 1n within the ambit of administrative discrotion to linit technical dincusniono to avoid tranfus.on or ovelizn, we believe that the totli absenca of any such da- cus3ions, vri'ten or oral, for at least the purpose of seeking cariictio't', amy not ordinarily be justified. 51 Co=p. Gen. 621 (1972). 1, erefore, ve ug est that cognizant procurement personnel be advised that in view of the ctatutory requirement fcT conducting .vningtft dicaunsiona, 10 U.S.C. 230Z(g), our Office vil closely scrutinize the juetification for failing to egace in ruch diuauwtsions on the lbanis of avoiding teeluiical traniituion or levelingegtg flierely youra, Paul G. DonbliPE For, ,: Cotronler General of the Uniteg States L~f~~4 4'A Iit~ Q~4~~ /1tdact

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