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B-191003 1 (1978-06-06)

handle is hein.gao/gaobadgdf0001 and id is 1 raw text is: 


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                                  THE COMPTROLLER GENRIAL
          DECIUION      .       . ow  ima   uNITED    UTATEE
                                  IA UN H IN2TO N. 3.C . 2054 8


IIL
          FILE:-191003                 DATE:  June 6, 1978
          MATTER  OF:  National Office Equipment Company

          DIGEST:


          1. Buy American Act applies to leases as well as
             purchases.

         2.  Protairing activity added Buy American Act differential
             to prices offered for 3-year lease of equipment, but
             did not award contract to low offeror. Solicitation
             also hrd several significant defects, i.e., no desired
             or required delivery date, no salient characteristics
             for brand name ecouipment and no common closing date
             for receipt of offers. Contract should be terminated
             for convenience of Government when an adequate sub-
             atitute has been provided for.. Procuring activity
             should purchase in accord with current needs in
             manner which assures least coat to Government, coo-
             sideratian of all eligible firms, and continuivv of
             service.

             The U.S. Army Training Center and Fort Dix issued
         a request for quotations (RFQ) soliciting offers on a
         brand name or equal basis for dictating and transcribing
         equipment. The offers were evaluated on the basis of a
         3-year lease with an option to purchase the equipment
         at the end of the lease term. The RFQ requps;ed that
         installation and r.aintenance costs be stated separately.
         The RFQ also requested that offerors include a trade-in
         price for the equipment being replaced.
             Four firms submitted offers. The contracting officer
         applied the Buy American Act differential to those offers
         based on foreign-madeproducts. After evaluating the
         offers, the contracting officer concluded that Dictaphone
         Corporation (Dictaphone) was the low offeror and that
         firm was awarded the contract.


                                  - 1-

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