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B-192912 1 (1978-10-17)

handle is hein.gao/gaobaduly0001 and id is 1 raw text is: 



                 UNITED STATES GENERAL ACCOUNTING OFFICE
     \t                  WASHINGTON, D.C. 20548


,OFICE OF GENERAL COUNSEL                             B-192912


       Mr. Philip G. Read                           'CT 1 7 1978
*      Director of Federal
         Procurement Regulations
       Federal Supply Service
       General Services Administration
       Washington, D.C. 20405

       Dear Mr. Read:

            By letter dated September 13, 1978, you transmitted
       for our comment proposed changes to Federal Procurepent
*      Regulations (FPR) 1-l. 103-3,/1-1.l103-6,i-.10,4 and
       1-2.202-1. You indicate that the intent of these proposed
       changes is to make the FPR uniform and consistent in its
       requirements for the publicizing of procurement information
       with the Defense Acquisition Regulation (DAR).

            Under the proposed change to FPR l-l.1003-3(a)rthe
       publication of advance notice of an agency's interest in
       a given field of research and development in the Commerce
       Business Daily (CBD) would be discretionary. The proposed
       regulation states if the contracting officer considers the
       existing bidder's mailing list to include a sufficient
       number of concerns to obtain adequate competition, he need
       not consider publicizing the agency's interest.

            This does not appear to accomplish the objective of
       making FPR consistent with DAR as DAR i-i00374(a)Irequires
       the publication of notices in the CBD and there is no in-
*      dication that the DAR provision will be changed.

            In the interest of maximizing competition, we believe
       that advance notices of an agency's interest in a given
       field of research and development should always be published
       in the CBD unless national security considerations prohibit
       such publication. We do not believe the decision to pub-
       licize should be affected by the size of the existing bid-
       der's mailing list.

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