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B-192107 1 (1978-09-01)

handle is hein.gao/gaobadgjp0001 and id is 1 raw text is: 


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                                        THE  COMPTROLLER GEriNAL
                CECIUl   ON     WoOF THE           UNITED    STATW
                                        WPSUHINOTON, 0.C. 20548


                        B-192107
                FILE:       2DATE: September 1, 1978
                E       OThe Mosler Safe Company
                MATTER  OF:

£              DIGEST;
                is   Forest Service requustod and was granted GSA
                     waiver to, conduct competitive procurement for
                     safes rather than purchase protester'o safes from
                     raderal Supply Schedule (FSS). Protester argues
                     that its security filing cabinets also listed
                     on FSS meet agency's needn, and should have been
                     referenced in waiver request. Protester offers
                     substantial evidence that other procuring activitles
                     use cabinets for same functions requited by Forest
                     Service. In view thereof,. and nince similarity
                     of schedule and'nonschedule items should be viewed
                     from broad perspective, Forest Service should
                     resubmit request to GSA with reference to cabinets.
                2.   Despite allegat'ifn that pactrof IFB specification
                     describes nonexistent item, IFB specification when
                     considered in entirety in susceptible of only one
                     reasonable interpretation. Accordingly, specification
                     is appropriate f'or use by agency !n attempting to
                     obtain GSA waiver of purchase from Federal Supply
                     Schedule.

                3.   GAO will not consider protest that IFb should con-
                     tain specification to indicate 'precise degree of
                     protection to be afforded by safes being procured,
                     absent evidence of fraud or intentional misconduct,
                     since such matter is responsibility of procuring
                     agency.
                4.   Forest Service-request for GSA waiver of purchase
                     from Federal Supply Schedule (YSS) described
                     FSS-listed item and compared,item with IFB speci-
                     fications. Protest against waiver granted is denied
                     where waiver reflects those considerations.

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