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B-183658 1 (1975-08-07)

handle is hein.gao/gaobadckd0001 and id is 1 raw text is: 
                   D C I ES
                             THE  COMPTROLLER GENERAL
DECISION           ~OF THE UNITED STATES
                             WASHINGTON. D.C. 20548




FILE:    B-183658                  DATE:   August 7, 1975

MATTER OF: Ainslie Corporation


DIGEST:

1.  Request for recommendation that RFP be canceled and.that
    sole source award be negotiated with protester who
    allegedly cannot effectively compete-under RFP is denied
    since contracting officer's determination to competitively
    negotiate was reasonable in light of mandate of 10 U.S.C.
    § 2304(g), to obtain maximum competition and fact that
    .competition exists since at least two firms are capable
    of competing under RFP.

2. Request that IFB for electrical shelters be reinstated
    under which award had been made to one of protester's
    competitors and subsequently terminated for convenience
    of Government is not recommended because agency committed
    itself in terms of substantial engineering effort and money
    to adapting a different type of electrical shelter to
    program requirements. Therefore, Government's minimum needs
    have changed and electrical shelters under IFB no longer
    satisfy those needs.

3.  For purposes of granting relief, GAO cannot consider equities
    of situation where protester has allegedly been effectively
    precluded from competing in procurement without specific
    statutory authority. There is no such statutory grant of
    authority applicable to protester's request for relief.

4.  Fact that agency did not substantially comply with represen-
    tation made to United States District Court regarding intent
    to meet needs in-house rather than procure outside of Govern-
    ment is matter properly for consideration of Court, and
    no opinion is expressed thereon.


    The  Ainslie Corporation (Ainslie) protests award of any
contract under request for proposals (RFP) N00228-75-R-2268 issue
by the Naval Supply Center, Oakland, California, for 22 electrical
equipment shelters S-280 ( )/G (107 shelters).


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