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B-206444.3 1 (1983-01-18)

handle is hein.gao/gaobadkvg0001 and id is 1 raw text is: V -.


                      7   .  THE COMPTROLLER GENERAL
oECISION                 OF THE UNITEO STATES
                         WASHINGTON, D. C. 20546



FILE:   B-206444.3             DATE: January 18, 1983

MATTER OF:      Stanley Furniture Company--Request
                  for Reconsideration

DIGEST:

      Prior decision denying protest in part and
      dismissing it in part is affirmed because
      protester has failed to establish decision
      was based on erroneous interpretation of
      fact or law.

      Stanley Furniture Company requests that we reconsider
 our decision Stanley Furniture Company, B-206444, Decem-
 ber 2, 1982, -     D     , in which1 we dismissed in part
 and denied in part Stanley's protests of two Air Force
 procurements of dormitory furniture. For the reasons
 stated below, our prior decision is affirmed. We discuss
 Stanley's three objections to our decision in the order in
 which the company has raised them.

      Prior to the opening of bids under invitation for
 bids (IFB) No. F49642-81-B-0115, Stanley wrote to the con-
 tracting officer, objecting to the solicitation specifica-
 tions in two respects. First, Stanley objected to the Air
 Force's use of a brand-name-or-equal specification
 which, in Stanley's view, did not adequately describe the
 salient characteristics of each item, particularly those
 relating to the internal construction of the furniture.
 Second, Stanley objected to the fact that the IFB contem-
 plated an aggregate award for upholstered items, case
 goods and mattresses. Stanley's position was that very
 few furniture manufacturers offer all three types of items
 and that the aggregate award provision would eliminate
 some bidders from competition. The combined effect of
 these deficiencies, Stanley asserted, was to unduly
 restrict competition. Stanley specifically requested that
 the solicitation be amended to permit separate awards for
 upholstered items, case goods and mattresses and to state
 the salient characteristics of the brand name items in
 more detail.

      The Air Force's contracting officer responded to
 Stanley's protest by letter dated December 15, 1981 which
 in its entirety reads as follows:

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