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B-191887 1 (1979-01-02)

handle is hein.gao/gaobadgtk0001 and id is 1 raw text is: 





                            STHE COMPTROLLER GENERAL
     DECISION           /    OF  THE   UNIrED STATES
                             WASHINGTON, D. C. 20548



     FILE:B-191887                 DATE:January 2, 197

     MATTER  OF:
                       Malott & Peterson-Grundy,
                       Contractors; Vibra Whirl
     DIGEST:           and Company                  FpaLe/,4Taon
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    1.   EDA grant allowed grantee to follow state and
         local law in conducting procurement, and pro-
         vided that if no state or local law existed
         on particular point, FPP would be controlling.
         Complaint concerning bid responsiveness under
         brand name or equal invitation specification
         is reviewed under FPR because there is no
         state or local law for application other than
         general requirement for competition, which
         is consistent with Federal norm.

    2.   Grantee rejected as nonresponsive complain-
         ant's bid under brand name or equal solicita-
         tion specification because complainant failed
         to comply with solicitation requirement to
         submit prior to bid opening information on
         offered equal product. However, such failure
         should have been waived, since grantee was
         already in possession of sufficient information
         with which to judge product's acceptability.

    3.   After review by grantee's consulting engineer
         of literature and specifications regarding
         various track surfaces and site inspections, and
         discussions with manufacturers and track owners,
         grantee determined that minimum needs could
         only be met by use of brand name or equal
         specification which precluded track surfaces
         having sand or qravel fillers. GAO will not
         object to such determination, since minimum
         needs judgment is for using activity, and
         it has not been shown to be unreasonable.

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