Procurement for Smoke Detectors Was Defective because of Unstated Specification

Several companies, protesting the rejection of their proposals, were concerned that tests were performed against a different standard from that disclosed by the solicitation. Rejection of offerors on the basis of an unstated specification rendered the procurement defective. Rejection of proposals on the basis of inconclusive statements in literature submitted with offers without performing tests on sample units was improper. The contracting officers should have obtained clarification before determining technical unacceptability. Since the contract was substantially performed, termination was not recommended, but the option for additional quantities should not be exercised, and future solicitations should contain clear specifications which are not unduly restrictive.