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B-164384, MAY 23, 1969

B-164384 May 23, 1969
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VICE PRESIDENT: REFERENCE IS MADE TO YOUR LETTER OF MAY 6. WHEREIN WE CONSIDERED THE TAPE RECORDERS THE 3M COMPANY IS FURNISHING UNDER A FEDERAL SUPPLY SCHEDULE CONTRACT AWARDED UNDER INVITATION FPNHO-K-27628-A-5-10-68. IT WAS STATED IN THE DECISION THAT THE 3M COMPANY WAS REQUESTED BY GENERAL SERVICES ADMINISTRATION (GSA) TO MODIFY TWO-SPEED EQUIPMENT TO OPERATE AT ONE SPEED AS CONTEMPLATED BY ITS CONTRACT AND THAT THE COMPANY DECLINED TO DO SO AND HAS OFFERED TO REDUCE ITS PRICE FOR TWO-SPEED EQUIPMENT TO $118.25 PER UNIT. IT WAS STATED FURTHER THAT ACCEPTANCE OF THE PRICE REDUCTION WOULD BE PROPER AND THAT ORDERING OFFICES SHOULD BE NOTIFIED THAT THE EQUIPMENT BEING OFFERED BY 3M IS TWO SPEED.

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B-164384, MAY 23, 1969

TO MR. ROY J. GAVIN, VICE PRESIDENT:

REFERENCE IS MADE TO YOUR LETTER OF MAY 6, 1969, REGARDING OUR DECISION B -164384 OF APRIL 23, 1969, WHEREIN WE CONSIDERED THE TAPE RECORDERS THE 3M COMPANY IS FURNISHING UNDER A FEDERAL SUPPLY SCHEDULE CONTRACT AWARDED UNDER INVITATION FPNHO-K-27628-A-5-10-68. IT WAS STATED IN THE DECISION THAT THE 3M COMPANY WAS REQUESTED BY GENERAL SERVICES ADMINISTRATION (GSA) TO MODIFY TWO-SPEED EQUIPMENT TO OPERATE AT ONE SPEED AS CONTEMPLATED BY ITS CONTRACT AND THAT THE COMPANY DECLINED TO DO SO AND HAS OFFERED TO REDUCE ITS PRICE FOR TWO-SPEED EQUIPMENT TO $118.25 PER UNIT. IT WAS STATED FURTHER THAT ACCEPTANCE OF THE PRICE REDUCTION WOULD BE PROPER AND THAT ORDERING OFFICES SHOULD BE NOTIFIED THAT THE EQUIPMENT BEING OFFERED BY 3M IS TWO SPEED.

YOU STATE IN YOUR LETTER THAT THE TWO-SPEED UNIT WAS IN FACT MODIFIED BY THE 3M COMPANY AND SUBSEQUENTLY PROVIDED AS A ONE-SPEED RECORDER TO THE SATISFACTION OF GSA AND THAT THE REDUCED PRICE WAS OFFERED ON THE ONE- SPEED EQUIPMENT.

THE ABOVE STATEMENTS IN OUR DECISION WERE BASED UPON INFORMATION FURNISHED TO OUR OFFICE BY GSA. ACCORDINGLY, A COPY OF THIS LETTER IS BEING FURNISHED TO THE ADMINISTRATOR OF GENERAL SERVICES WITH ADVICE TO DISREGARD OUR RECOMMENDATION ON PAGE 5 OF OUR DECISION THAT PURCHASING OFFICES BE ADVISED THAT THE REDUCED PRICE IS FOR 3M TWO-SPEED EQUIPMENT, IF GSA FINDS THAT ONE-SPEED EQUIPMENT HAS BEEN FURNISHED AS YOU REPRESENT.

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