B-148555, JUN. 15, 1962

B-148555, JUN. 15, 1962

TO AERO/SPACE DEVICES, INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 29, 1962, PROTESTING AGAINST AN AWARD TO SUN AVIATION CORPORATION ON THE BASIS THAT IT WAS NOT RESPONSIVE TO RFP-40-604-62-3078.

THE CONTENTION THAT SUN AVIATION CORPORATION WAS NOT RESPONSIVE IS BASED UPON YOUR BELIEF THAT THE FIRM DID NOT FURNISH THE DESCRIPTIVE DATA CALLED FOR IN THE REQUEST FOR PROPOSALS AND APPARENTLY UPON THE ADDITIONAL BASIS THAT THE GENERATOR BEING PROCURED SHOULD HAVE BEEN EQUAL TO A GENERATOR ORIGINALLY PRODUCED BY NASCO, INCORPORATED, AND INCLUDED IN FEDERAL STOCK DESCRIPTION 2920-509-9481 REFERENCED AT THE BEGINNING OF THE SCHEDULE PARAGRAPH DESCRIBING THE GENERATOR TO BE PROCURED.

CONTRARY TO YOUR CONTENTION, HOWEVER, THE PROCUREMENT RECORD SHOWS THAT SUN AVIATION CORPORATION DID IN FACT SUBMIT DRAWINGS, SPECIFICATIONS INCLUDING TECHNICAL DATA, A CERTIFIED TEST REPORT AND A PHYSICAL PRODUCTION SAMPLE. THE CONTRACTING OFFICE REPORTS THAT, BASED UPON THIS MATERIAL, IT WAS ABLE TO DETERMINE THAT THE GENERATOR OFFERED BY SUN AVIATION CORPORATION WAS EQUAL AND INTERCHANGEABLE IN ALL RESPECTS TO STANDARD PRODUCTS PART NUMBER G1A.

WITH REGARD TO THE CONTENTION THAT THE GENERATOR OFFERED BY SUN AVIATION CORPORATION SHOULD HAVE BEEN REQUIRED TO CONFORM TO A NASCOGENERATOR, IT IS CLEAR FROM THE "BRAND NAME OR EQUAL" CLAUSE CONTAINED IN PROVISION "G" THAT THE EQUIPMENT IS TO BE EQUAL TO THE BRAND NAME IDENTIFIED IN THE SCHEDULE WHICH IS DESIGNATED AS "STANDARD PRODUCTS P/N GIA.'

ACCORDINGLY, IN THESE CIRCUMSTANCES, THE AWARD MADE TO SUN AVIATION CORPORATION APPEARS TO HAVE BEEN PROPER AND WILL NOT BE DISTURBED.