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B-193716 1 (1979-03-23)

handle is hein.gao/gaobadhbr0001 and id is 1 raw text is: 2 ~ ~THE COMPTROLLER GENERAL DECISION . .) OF THE UNITED STATES WASH INGTON, D.C. 20548 74o FILE: B-193716 DATE: March 23, 1979 MATTER OF: Dictaphone Corporation 9o& £O~ REcTuPO' -DIGEST: ' Protest against Federal Supply Schedule procurement on ground that low offeror's price reduction violated basic GSA con- tract is denied because contract with GSA contained clause permitting price reduc- tions without GSA approval or acceptance. Dictaphone Corporation has protested the lacement of an order by Wright-Patterson Air Force Base with Donnellon McCarthy, Incorporated, under General Services Administration (GSA) Federal Supply Schedule contract No. GS-OOS-66650 with Lanier Business Products. Donnellon / McCarthy is the authorized sales representative for Lanier- 45 Business Products in the region which includes Wright- Patterson Air Force Base. The order was for dictation and transcription equipment and related accessories. Dictaphone contends that the award was improper because the prices quoted and used by Donnellon McCarthy in this sale were 25 percent less than the prices listed I Lanier Business Products in the Federal Supply Schedule under contract No. GS-OOS-66650. The Air Force explains that before placing the order, the contracting activity made telephone inquiries of both Donnellon McCarthy and Dictaphone--the firms listed on the Federal Supply Schedule for the required equipment. Donnellon McCarthy informed the contracting officer that Donnellon McCarthy was then offering a temporary price reduction from the prices listed on the Federal Supply Schedule and that the lower prices were available to all of Donnellon McCarthy's customers for the period from November 1, 1978, through January 1, 1979. Since Donnellon McCarthy's quoted prices were -lower than Dictaphone's quoted prices, the order was issued to Donnellon McCarthy on November 29, 1978. I

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