Protest Alleging Defective Solicitation Specifications

B-176628(2): Jan 24, 1973

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Ralph O. White
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Kenneth E. Patton
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WAS NOT AMBIGUOUS ON ITS FACE SINCE THE FEDERAL SUPPLY SERVICE DETERMINED THAT THIS PARTICULAR WEIGHT SPECIFICATION WAS A FAMILIAR ASPECT OF PRIOR CARPET PROCUREMENTS AND THAT NO OTHER OFFEROR HAS COMPLAINED ABOUT THE ALLEGEDLY AMBIGUOUS TECHNICAL DESCRIPTION. SINCE THE ALLEGED AMBIGUITY IN THE TECHNICAL DESCRIPTION AS WELL AS THE FAILURE TO INCLUDE THE MARYLAND FIRE CODE REQUIREMENTS WERE NOT TIMELY RAISED WITH THE PROCURING ACTIVITY. CONCLUDES THAT THESE CONTENTIONS ARE NOT FOR CONSIDERATION IN THIS PROTEST. PROTEST IS DENIED. INC.: THIS IS IN FURTHER REFERENCE TO YOUR LETTER DATED JULY 31. ALTHOUGH YOUR PROTEST WAS FILED BEFORE AWARD OF A CONTRACT. AWARD WAS MADE TO SHIELDS ASSOCIATES-INTERIORS ON AUGUST 4.

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