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B-178656 1 (1973-12-26)

handle is hein.gao/gaobaadrs0001 and id is 1 raw text is: 9,1


*. --

                         CoMpTRoLJ   G&NEMRAL OFTHE UINITW STATwI
                                   WASIHINGTOIo, Do ;-54


         Dm178656                                     Decoubcr 26, 1973


         Stawseu Kosta and 1ason
         2300 Two Girird Piaza
         Philadeiphiap Panusylvania  19102

              Attentions Theodore H, Kostos, Esquire

         Gentlemens
              We refer to your letter dated Septembor 17, 19731 on behalf
         of Doton Pneuwatics Incozporated (DPI), and prior correspondence
         from BPI, protesting against the award of a contract under solic-
         itation to. YITT~fl6-1932--5-18-73, Assuod by the General Ser-
         vices Administration (OSA). eWe also refer to our letter dated
         October 11, 1973, forwarding to you GSA's response to your lettet
         of September 17, 197$.

              The oolicitation, issued on April 18, 1973s contemplated a
         require-ento-type contract for throe different items of pneumatic
         riveters for the period beginnnd' o  the date.of award through
         Ja.liuary 31, 1974. Did opening was eaheduled for Hlt 18, 1973. In
         view of your protest, bid opening was postponed uatil August 20,
         £973. On October 15, 1973,. OSA detemtined that the award could no
         longer be delayed and on 'November 6j, 1973, award was made to the
         Iuck fHanufacturing Company,

             DL ically, you allege that the solicitation contained technio
        cal requirements and testing procedures thL't were arbitrary and
        ristrietive of competition.

             Firast, you state that the Design and Construction specifis
        cations applicable to Items I 2 and 3 were arbitrary and restric-
        tive of competition because the requirements therein regarding
        operation under certain air pressure and conaumption limitations,
        pulling capacity, troke, and certain pneumatic hydraulic double
        action shift mechanismshad nothing to do with rLveting. You ask
        ihy the Coverment did not erely ask for rLveteri that will pull
        the rivets it wants to pull, and test for riveting only, without
        using all the part number complicationo, samulAted tests, etc.?







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