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B-203462 1 (1981-12-03)

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THE CCMPTRCLLUR 135N IERAL
OF THU UNITED UTATMA
WABHINGTDN, D0.C. 120540


B-203462


DATE:


December 3, 1981


MATTEfR OF:


Suba II, Inc.


DIGEsr:


Federal Procurement Regulation S 1-4.1109-6 require-
ment that agency publish Commerce Business Dai]y
announcement of agency's intent to convert Auto-
mated Data Processing Equipment from lease to
purchase under General Soc'uices Administration
schedule contract is a necessary prerequisite
to the exercise of a purchase option for such
equipment,


     Suba Ili Inc. protests the Army's exercise of an
option to purchase certain installed computer equipment
which the Army had been leasing from IB11 under its
General Services Administration (GSA) schedule con-
tract No. GS-OOC-02542. Suba asserts that the Army
failed to publish a synopsis of the intended purchase
in the Commerce Business Daily (CBD) before the purchase
in sufficient time for potential suppliers to respond.
Suba contends that identical equtpment was readily avail-
able from other sources and that a competitive procure-
ment would have saved the Government $20,000. We sustain
the protest.


     Federal
46 Fed. Reg.


Procurement
1205 (1981),


Regulations
provides:


(FPR) S 1-4.1109-6,


(d) * * *


  Orders placed against ADP schedule contracts
for the conversion from lease to purchase of
installed ADPE are subject to the following:

  (I) The intent to place a purchase order,
with a net value * * * in excess of $50,000,
is synopsized in the CBD at least 15 calendar
days before placing the order * **


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