B-177353(2), APR 4, 1973

B-177353(2): Apr 4, 1973

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ALTHOUGH THIS PROTEST WAS DENIED. SECRETARY: REFERENCE IS MADE TO LETTER DATED DECEMBER 12. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE PROTESTER. YOUR ATTENTION IS DIRECTED TO THE PORTION OF THE DECISION WHEREIN WE STATE.

B-177353(2), APR 4, 1973

BID PROTEST - OVERLY RESTRICTIVE SPECIFICATIONS CONCERNING THE PROTEST OF SCHRECK INDUSTRIES AGAINST AWARD OF A CONTRACT TO PAUL H. WERRES COMPANY UNDER AN IFB ISSUED BY THE PUBLIC HEALTH SERVICE FOR A FORK LIFT TRUCK. ALTHOUGH THIS PROTEST WAS DENIED, IN FUTURE PROCUREMENTS OF THIS FORK LIFT CONSIDERATION SHOULD BE GIVEN TO THE USE OF LESS RESTRICTIVE SPECIFICATIONS.

TO MR. SECRETARY:

REFERENCE IS MADE TO LETTER DATED DECEMBER 12, 1972, WITH ENCLOSURES, FROM THE DIRECTOR OF PROCUREMENT AND MATERIEL MANAGEMENT, OASAM, FORWARDING A REPORT FROM THE OFFICE OF CENTRAL SERVICES, PUBLIC HEALTH SERVICE, ROCKVILLE, MARYLAND, CONCERNING THE PROTEST OF SCHRECK INDUSTRIES AGAINST AWARD OF CONTRACT NO. PLC-73-82 TO PAUL H. WERRES COMPANY.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE PROTESTER. YOUR ATTENTION IS DIRECTED TO THE PORTION OF THE DECISION WHEREIN WE STATE, IN VIEW OF SCHRECK'S CONTENTIONS CONCERNING THE USE OF MIL-T-21643A, THAT IN ANY FUTURE PROCUREMENTS OF THE SUBJECT FORK LIFT TRUCK CONSIDERATION SHOULD BE GIVEN TO THE USE OF SPECIFICATIONS WHICH PERMIT BIDS ON OTHER AVAILABLE COMPETITIVE TRUCKS COMPATIBLE WITH THE NEEDS OF THE USING ACTIVITY.