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KECO INDUS. v. LAIRD

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


November 2, 1970

KECO INDUSTRIES, INC., Plaintiff,
v.
Melvin R. LAIRD, Secretary of Defense, Lt. Gen. Earl C. Hedlund, Director, Defense Supply Agency, John H. Chaffee, Secretary of the Navy, Gen. Leonard F. Chapman, Jr., Commandant of the Marine Corps, Robert C. Seamans, Jr., Secretary of the Air Force, Defendants

Gasch, District Judge.

The opinion of the court was delivered by: GASCH

MEMORANDUM OPINION

GASCH, District Judge.

 Plaintiff, an unsuccessful bidder on two related government supply contracts, has moved for a preliminary injunction against the Government which would require it to halt all work under the disputed contracts. The Defense Supply Agency issued two Requests for Proposals calling for delivery of air conditioning units and associated equipment to fulfill a Marine Corps requirement. Both solicitations contemplated negotiated procurement. Negotiations closed on August 7, 1970, at 2:30 P.M. Both plaintiff and The Trane Company had submitted proposals under each solicitation. All of the proposals contained price reductions conditioned on the bidder receiving waiver of first article testing as called for in the solicitations. Offers made under RFP DSA 400-70-R-7921 were as follows: Plaintiff Trane First Article testing not waived $ 69,600 First Article testing waived $ 57,600 $ 61,163

19701102

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