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B-176483 1 (1973-01-26)

handle is hein.gao/gaobaddup0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES 757. WASHINGTON, D.C. 20548 8*176483 January 26, 1973 099 998 Dear General Robinson: We refer to reports dated August 18 and November 14, 1972. concerning the protest of Smith & Wesson Electronics Company under Request for Proposals (RFP) DSA 400-72-R-6927, issued by the Defense General Supply Center on April 6, 1972. for a requirement of electronic sirens, Federal Sign and Signal Corporation part number, P15A W/SA-24. Although the RFP did not solicit sirens on an or equal basis, it did not specifically exclude alternate products from consideration or indi- cate that award could not be delayed for testing and approval of other manufactuZers' sirens. The subject procurement was negotiated under the authority of 10 U.S.C. 2304(a)(10). Armed Services Procurement Regulation (ASPR) 3-210.2 (xiii), which implements that statutory authority, provides that purchases and contracts may be negotiated when it is impossible to draft, for a solicitation of bids, adequate specifications or any other adequately detailed description of the required supplies or services. In this regard, the record shows that on March 17, 1972, the contracting officer determined that 4,. was impracticable to obtain competition for the sirens by formal advertising, as follows: Findings The Defense General Supply Center proposes to procure by negotiation 250 each, FSN 6350-907-8629 Siren, Elec- tronic, Federal Sign and Signal Corp P/N P15A W/SA-24 as authorized by PR S-43283-2067-OH. The estimated cost of the proposed procurement is $32,250.00. The Air Force has stated that the only acceptable item is Federal Sign and Signal Corp' P/N FI5A W/SA-24. Use of formal advertising for procurement of the above described equipment is impracticable because it is impossible to draft, for a solicitation of bids, adequate specifications or any other adequately detailed descrip- tion of the equipment. Determination The proposed contract is for property or services for which it is impracticable to obtain competition by for- PUBLISHED DECIED .52 C c-=Pm. c

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