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B-176570 1 (1973-01-17)

handle is hein.gao/gaobadtym0001 and id is 1 raw text is: 



                  COMPTROLLER GENERAL OF THE UNITED STATES
                            WASHINGTON, D.C. 20549



1-176570
                                                    JAN 1.•                               


Stassecn Koftos and Mason
2300 Two Girard Pi.,
Philadelphia, Psnnsylvania 19102

     Attention t Theovdre X. Kostos, Esq.
Gentleseia;

     We refer to your letters of July 18 and 20, 1972, on behalf of Boston
Pueumaties, Inc. (0W), protesting agaktat t e opening of bids under invi-
teon, for bids YPRTPJ--&-46692-A-7-20-72, -B6-46583-A-7-21-72, and -B6-
39610-RA-7-27 72., all issued by the General. Servic Administration (CSA).

     The protest vith respect. to ivitation -46692 has been withdrawn, and
GSA canceled invitation -4658-3 on the basis that a. technical1 review shoved
the purchase description for the item involved to be inadequate and restric-
tive for competitive bidding, There retains for consideration, then, only
the protest concerning invitation -39610..

     Invitation -39610 asticipated the avard of a definite quantity  o-r-
tract for pull toter kits, swaged cable terminal, on a brand nse or
equal basias o tds were to be opned on July. 27, 1972, and that event                 ..
took plac*e.a scheduled notwithstnding UiPs protest. p, In its letter
of, July 17, 1972, to GSA, cantendvs that the invitation is 'in excess of
the needs of the agency inthbat the purchase description as written is
so vague, incomplete and contradi cetory that it restricts competition to
the brand name referenced only. In support of this propsition, the
letter outlines some 18 areas alleged to be- eficient In some regaWd.

     The-alleged deficiencies were reviewed by the same GSA teehnical ac-
tivity which concurred with BP4s views regarding Invitation -46583. The
technical report of that activity, a copy of vhich was furmtshad to you
by our Office, vas an item by item rebuttal of .BP  position and was the
badts for te contracting officer's conclwion that  P'a .allegations were
without merit, and that the purchase description was sufficient for com-
petitive biddintr From our review of therreport--as. to which you offered
no commnts-we cannot say that findings -reahed therein .dd not consti-
tute a satisfactory reply to your .allegations.


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