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B-186679 1 (1976-10-07)

handle is hein.gao/gaobadefb0001 and id is 1 raw text is: 







                    (\, THE cOMP rnlOLLER GENERAL
   DEC     I1ONUz .                           iTHE UNITE 7-NSTATES
CZ)m
                                WWASIINGTON. D.C..  o048




  FILE:       B-186679                 O)A.TLL:   October 7, x976

  MATTER OF:        Euclid Designs & Deelopment  C.


  DIGE3ST:

  1.  GAO will consider protest under reprocurement where repurchase
      is in excess of quantity under defaulted contract -. nce entire
      quantity should be treated as new procureme:it pursuant to A'SPR
      8-602.6(a) and (b).

  2.  Contrary to protester's allegations specifications and packaging
      instructions for nonmagnetic  arbed tape are not amblguou9 or
      d:ficient.

  3.  CAO will not question RFF which was sent to unly one company
      wherp procurpment is assigned priority designator 5 and record
      Indicates only one company could .eet'required delivery schedule.

 4.   Failure o  offeror to receive naterJal amendment does; not affect
      propriety of award si.ice offerur was properly excluded from mail-
      ing lIsa and there was no conscious or deliberate effort
      on part of contracting agency to exclude firm from competi-
      tion.

  5,  Proposal received after scheduled cloning date and not coming
      tinder one of the excepriona is late and not for corsideration.


        Euclid Designs and Deveiopment Co., Clark. Division (Euclid),
  protests award of a contract under request for proposals (RFP)
  No. DSA700-7t-R-1547, issued by tihe,Defense Supply Agency (DSA),
  Columbus, Ohio, for the repurchase of barbed Lape.

       The  original contract with Euclid had been terifinated for default
  in accordance wita Armed Services Procurement lRegulation (ASPR) §
  7-103.11 (1975 ed.).  The authority for negotiation was 10 U.S.C. §
  2304()(2)  (1970), no implemented by ASPR § 3-202.2(vi).

       The  RFP was issued on May 18, 1976, for a total quantity of 2,134
 reels  of stainless steel, nonnagnetic barbed tape which was 32 units in
 excess  of the undelivered quantity terminated for default.

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