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INC.: REFERENCE IS MADE TO YOUR LETTER OF JULY 17. IN YOUR LETTER IT IS STATED THAT A GSA REPRESENTATIVE HAS INFORMED YOU THAT SUBSTANTIAL REQUIREMENTS FOR THE ABOVE ITEMS HAVE ACCUMULATED DURING THE TIME RESOLUTION OF YOUR PROTEST HAS BEEN PENDING. IT IS URGED THAT WE CONCUR WITH YOUR REQUEST THAT GSA ISSUE A NEW SOLICITATION FOR THESE DEFINITE REQUIREMENTS AT THE EARLIEST POSSIBLE DATE SINCE THE TOTAL QUANTITY INVOLVED EXCEEDS THE MAXIMUM ORDER LIMITATION UNDER THE REFERENCED SOLICITATION AND YOU BELIEVE THE RESULTING BID PRICES WILL SERVE TO SUBSTANTIATE AND REINFORCE YOUR PROTEST. PLEASE BE ADVISED THAT IT IS BEYOND THE JURISDICTION OF THIS OFFICE TO REQUIRE PROCURING AGENCIES TO INITIATE PROCUREMENTS.

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B-163917, JUL. 25, 1968

TO PENCO PRODUCTS, INC.:

REFERENCE IS MADE TO YOUR LETTER OF JULY 17, 1968, IN CONNECTION WITH YOUR PROTEST UNDER GENERAL SERVICES ADMINISTRATION (GSA) SOLICITATION NO. 35975, FOR AN INDEFINITE QUANTITY CONTRACT FOR FS CLASS 7125, STEEL, CLIP TYPE, STORAGE AND DISPLAY SHELVING, FOR THE PERIOD FROM DATE OF AWARD THROUGH MARCH 29, 1969.

IN YOUR LETTER IT IS STATED THAT A GSA REPRESENTATIVE HAS INFORMED YOU THAT SUBSTANTIAL REQUIREMENTS FOR THE ABOVE ITEMS HAVE ACCUMULATED DURING THE TIME RESOLUTION OF YOUR PROTEST HAS BEEN PENDING. IT IS URGED THAT WE CONCUR WITH YOUR REQUEST THAT GSA ISSUE A NEW SOLICITATION FOR THESE DEFINITE REQUIREMENTS AT THE EARLIEST POSSIBLE DATE SINCE THE TOTAL QUANTITY INVOLVED EXCEEDS THE MAXIMUM ORDER LIMITATION UNDER THE REFERENCED SOLICITATION AND YOU BELIEVE THE RESULTING BID PRICES WILL SERVE TO SUBSTANTIATE AND REINFORCE YOUR PROTEST.

PLEASE BE ADVISED THAT IT IS BEYOND THE JURISDICTION OF THIS OFFICE TO REQUIRE PROCURING AGENCIES TO INITIATE PROCUREMENTS, AND WE DO NOT THINK IT WOULD BE APPROPRIATE TO RECOMMEND OR SUGGEST SUCH ACTION UNDER THE CIRCUMSTANCES OF THIS CASE. WE HAVE, HOWEVER, BY LETTER OF TODAY FORWARDED A COPY OF YOUR LETTER OF JULY 17 TO THE ADMINISTRATOR, GSA, FOR HIS CONSIDERATION.

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