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B-178206 1 (1973-05-08)

handle is hein.gao/gaobaadxh0001 and id is 1 raw text is: * ~* wi 00 44 6,ft. r \ \ COMPTROLLE-fR GENERAL OF 7TK UNITED STATh$ | *': ,.4ti./ W4A~$SflGtON, D.C. M1)l4 * w.marm o--- AMb' DeW1782C0S May 8, 1973 f Demptor rothers, Inc* 4014 Carrier Toi'er P,.O, Lo 3000•. Wyraeuse, Nlew York 13201 Attention: Walter 1% Nrnholts SBnior Attcrney oG-snamen.* This is In reply to your letter dated April 10, 1973, requnting reconsideration of our decicion, 3-17&006s Apr1 4, 1973s wherein we declined to consider your protest under flU M6701m73-B-029 isued by the Mrino orpi, for the reason that it was uatimly tiled, Your re eat fbr reconsideration is made on the basis of section S 20,2(b of our Interim Did Protest Proe.edures and tandards (4 C771 2002(b)) which permits consideration of &n untimely protest if Issues aiodficant to procurement practices Are raised. Zn this connection you fllege that the Harine Corps failed to include the patent Indem- nity clause in the subject invitation as required by Armtd Services Procurement flc0Lation 9-103 and ymou contend that this Impropriety is such that it Invalidates any award made on the basi of the invitation to aY bidder other than the patent holder. You suggest thit since ycur firm holds patentt, on the subject equiuent it is the only ie- sponsive bidder under AOl 9-103 by necessarily supplying indtmnlfioa- tion mandated by the regulation. While you also disagree witb our decision of April 4 reaprding the timeliness ot your protect, y u fail to otate any reanon rot uch ds reaement which would requiro revision of our position as to timeliness. As you point out, hAM 9103 and 9-03.1 provide guidelines for * mandatory Jncluoion or exclusion of the clause. A$PR 9-103 provides for general use of the clause Jn contracts for construction or supplies (presmably the Instant case) when the supplies '4* * normally are or havo boen sold or offred for sale to the public in the comercial 74542/ oqe r

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