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B-192242 1 (1979-07-09)

handle is hein.gao/gaobadhjm0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 AI fO/~ eq,. FILE:B-192242 L &200&O DATE: July 9, 1979 MATTER OFMcClane Enterprises -jReconsideration f DIGEST: r (Limit .Jo( 10fetcr1 El- Fo-DL qL-~,~rR 1. Award of Federal Supply Service multiple award contract does not constitute acceptance of con- tractor's article as satisfying minimum needs of agencies ordering from Federal Supply Schedule. Even if contractor's article is lowest priced on schedule, agencies may purchase higher priced article from schedule if lowest priced article does not fulfill agency's minimum needs. L)( 1-7 General Services Administration did not breach Federal Supply Service multiple award contract with contractor offering lowest priced tree marking paint where estimated quantity term in solicitation states one figure which includes Government's requirements for paint with and without tracer element, and where most Govern- ment purchases were for higher priced tracer element paint. Lowest priced contractor claims estimate was misleading. However, solicitation expressly provides that no guarantee is given that any quantities will be purchased and also provides that agencies may purchase higher priced article if justified under Federal Propert Manage ulation l0l-26.408. Presence of ea ure, i.e., tracer element, in higher priced article which is not available in lower priced article provides such justification. 3. Where General Services Administration (GSA) solicited Federal Supply Service multiple award contracts for Government's requirements for tree marking paint, including paint with tracer element, GAO recommends GSA determine possibility of drafting specifications for tracer element paint and formally advertising. If impossible, future multiple award solicitations should make it clear to all prospec- tive contractors that offers for tracer element paint are solicited. A. t1 2. 9A 0 0 54

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