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B-199471.2 1 (1981-06-17)

handle is hein.gao/gaobadjlz0001 and id is 1 raw text is: 






                  e  ~     THE COMPTROLLER GENERAL

    DECISION       .? J,2OF THE UNITED         STATES
                           WASHIrIN G TON. O.C. 20548




    FILE:   B-199471.2           DATE:   June 17, lq81

    MATTER OF: Robbins & Myers, Inc.


    DIGEST:


         Request for review by subcontractor
         under EPA grant will not be con-
         sidered on merits where grantee's
         engineers find subcontractor's
         progressing cavity pump does not
         comply with specifications and
         decides to utilize lobe-type pumps
         in project. While complainant
         phrases request in terms of new
         award action, in actuality, it is
         continuing protest of cancellation
         of contract. Since complainant
         would only offer same equipment
         previously rejected, remedy is
         under canceled contract.

         Robbins & Myers, Inc. (R&M), has requested our
    review of certain procurement actions taken by the
    city of Portland, Oregon (grantee), under project
    No. C-410557 for the construction of the Columbia
    Wastewater Treatment Plant. The project is funded
    by a grant from the Environmental Protection Agency.

         The prime contract was awarded by the grantee
    to Fred J. Early, Jr. Company (Early) and R&M was
    awarded a subcontract by Early to supply progressing
    cavity pumps for the project.

         On November 14, 1979, the grantee submitted a
    price request to Early for lobe-type positive dis-
    placement pumps rather than progressing cavity pumps.
    Early forwarded the request to R&M, which replied that
    the lobe-type pumps did not comply with the specifica-
    tions and questioned why the grantee desired a price



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