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B-193963 1 (1979-08-06)

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              vo    -   THE  COMPTROLLER GENERAL
DECISION .   '. OF THE UNITED STATES
               : 0 /WAS HIN GTO N,..C. 20548


B-193963


              DATE: August 6, 1979
Baker Manufacturing Company, Inc.


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DIGEST:
1.  Nonmandatory user of FSS contract is free to use
    multiple-award FSS sources in lieu of single source
    contracts where only particular item on multiple-
    award schedule meets its minimum needs.

2.  Protester's disagreement with agency's decision
    establishing MOL's for multiple-award contracts
    is not basis to disturb decision since protester
    has not shown that agency acted unreasonably or
    in violation of regulation.


    Baker  Manufacturing Company, Inc. (Baker), pro-
tests any award for wall units under solicitation
No. FEFP-Sl-0039-N-6-14-78 issued by the General Ser-fgCoco
vices Administration, Federal Supply Service (GSA).
The protester contends that negotiated multiple-award
schedules should not be used to procure these wall
units when there are competitive (single source) schedules
available for almost the identical item. In addition, the
protester contends that the use of a $100,000 maximum
order limitation (MOL) for these multiple award schedules
is too high and should be reduced to something less
than $25,000.  For the.reasons set out below, the protest
is denied.

     Baker currently holds the competitively awarded
(single source) contract for Federal Supply Schedule
(FSS) 71 Part VII B (Metal Frame Dormitory Furniture) and
is protesting the use in this procurement of multiple-award
schedule contracts for FSS 71 Part XIX (Contemporary Wall
Units for Office Use). In Baker's opinion, the purchasing
agency--the Air Force--is misusing the multiple-award schedule


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