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INC.: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 8. YOU DISAGREE WITH THE STATEMENT IN OUR OCTOBER 1 DECISION "THAT A REASONABLE INTERPRETATION OF THE LANGUAGE USED IN THE REFERENCED SPECIFICATION IS THAT ONE OF THE REQUIRED CHARACTERISTICS OF BAKING PADS * * * IS THAT THE PADS SHALL NOT BE SET AFLAME WHEN SUBJECTED TO THE TEST DESCRIBED IN PARAGRAPH 4.6.3.3.'. YOU STATE THAT SINCE THE CONTRACTOR IS THEREBY GIVEN THE OPTION AS TO WHETHER OR NOT TO TREAT THE FACE OF THE PAD TO MAKE IT FLAMEPROOF. SO LONG AS THAT TREATMENT IS NONTOXIC. WE HAVE BEEN INFORMALLY ADVISED THAT ALL DELIVERIES HAVE BEEN MADE UNDER THE PROTESTED AWARDS. SINCE THE MERITS OF YOUR PROTEST HAVE BEEN FULLY CONSIDERED.

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B-165024, NOV. 15, 1968

TO PANHANDLER, INC.:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 8, 1968, REQUESTING RECONSIDERATION OF OUR DECISION B-165024, OCTOBER 1, 1968, WHEREIN WE DENIED YOUR PROTEST AGAINST THE AWARDS OF CONTRACTS FOR VARYING QUANTITIES OF BAKERY PADS TO THE FRED EHRICK COMPANY BY THE DEFENSE GENERAL SUPPLY CENTER UNDER THE THREE INVITATIONS FOR BIDS.

YOU DISAGREE WITH THE STATEMENT IN OUR OCTOBER 1 DECISION "THAT A REASONABLE INTERPRETATION OF THE LANGUAGE USED IN THE REFERENCED SPECIFICATION IS THAT ONE OF THE REQUIRED CHARACTERISTICS OF BAKING PADS * * * IS THAT THE PADS SHALL NOT BE SET AFLAME WHEN SUBJECTED TO THE TEST DESCRIBED IN PARAGRAPH 4.6.3.3.' IN THIS REGARD, YOU REFER TO PARAGRAPH 3.3 OF THE SPECIFICATIONS WHICH PROVIDES IN PART THAT THE FACE OF THE PAD "MAY BE TREATED TO INCREASE RESISTANCE TO FLAMMABILITY. SUCH TREATMENT, WHEN USED SHALL BE NON-TOXIC.' YOU STATE THAT SINCE THE CONTRACTOR IS THEREBY GIVEN THE OPTION AS TO WHETHER OR NOT TO TREAT THE FACE OF THE PAD TO MAKE IT FLAMEPROOF, THE FLAMMABILITY TEST PRESCRIBED IN PARAGRAPH 4.6.3.3 OF THE SPECIFICATION CANNOT BE CONSTRUED TO REQUIRE THAT THE ADVERTISED PADS BE FLAMEPROOF, BUT MERELY "THAT THE FACE OF THE PAD SHALL NOT BURN WHEN TESTED AS SPECIFIED * * *.' WE CANNOT, HOWEVER, AGREE WITH YOUR INTERPRETATION OF PARAGRAPH 3.3 OF THE SPECIFICATION. THE QUOTED LANGUAGE OF THAT PARAGRAPH SERVES THE PURPOSE OF ADVISING PROSPECTIVE BIDDERS THAT THE FACE OF THE PADS MAY BE TREATED IN ANY MANNER, IF SO DESIRED, TO INCREASE THE RESISTANCE OF THE PADS TO FLAME, SO LONG AS THAT TREATMENT IS NONTOXIC.

ACCORDINGLY, WE FIND NO BASIS TO DISTURB OUR DECISION OF OCTOBER 1, 1968. FOR YOUR INFORMATION, WE HAVE BEEN INFORMALLY ADVISED THAT ALL DELIVERIES HAVE BEEN MADE UNDER THE PROTESTED AWARDS. IN VIEW THEREOF, AND SINCE THE MERITS OF YOUR PROTEST HAVE BEEN FULLY CONSIDERED, NO FURTHER ACTION WITH RESPECT TO THESE PROCUREMENTS WILL BE TAKEN BY OUR OFFICE.

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