B-153923, JUL. 14, 1964
Highlights
TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO A LETTER DATED JUNE 8. ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE PROTESTANT. IT IS NOTED THAT OUT OF THE 29 ITEMS OF CABINETS OR RELATED EQUIPMENT THE DESCRIPTION IN 17 CASES REFERRED TO CERTAIN "VALTRONIC" EQUIPMENT "OR EQUAL.'. THE RECORD IS SILENT AS TO WHY A COMPARATIVELY SIMPLE PRODUCT AS A FLOOR CABINET COULD NOT BE ADEQUATELY DESCRIBED IN A SPECIFICATION FOR PROCUREMENT PURPOSES. IT WOULD APPEAR TO US THAT IT WAS UNNECESSARY TO DESCRIBE THE CABINET IN SUCH A WAY AND TO PUT THE BURDEN ON A PROSPECTIVE BIDDER WHO OFFERED TO MANUFACTURE A CABINET. THIS SHOWS THE DIFFICULTIES THAT ARE ENCOUNTERED WHEN PROCUREMENTS ARE MADE ON A "BRAND NAME OR EQUAL" BASIS.
B-153923, JUL. 14, 1964
TO THE SECRETARY OF THE AIR FORCE:
REFERENCE IS MADE TO A LETTER DATED JUNE 8, 1964, FROM THE CHIEF, PROCUREMENT OPERATIONS DIVISION DIRECTORATE, PROCUREMENT POLICY, DEPUTY CHIEF OF STAFF, SYSTEMS AND LOGISTICS, FILE AFSPPCA, FURNISHING A REPORT ON THE PROTEST OF VALTRONIC CORPORATION AGAINST THE AWARD OF A CONTRACT TO CERTIFIED PRODUCTS, INC., UNDER INVITATION FOR BIDS NO. 41 609-64-179 ISSUED BY THE BASE PROCUREMENT OFFICE, BROOKS AIR FORCE BASE, TEXAS.
ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE PROTESTANT.
IT IS NOTED THAT OUT OF THE 29 ITEMS OF CABINETS OR RELATED EQUIPMENT THE DESCRIPTION IN 17 CASES REFERRED TO CERTAIN "VALTRONIC" EQUIPMENT "OR EQUAL.' FOR EXAMPLE, UNDER ITEM 17 THE FOLLOWING DESCRIPTION APPEARED:
"6520L000123 TYPE XV, BASE UNIT, DENTAL, FLOOR STANDING, 37 INCHES BY 18 INCHES BY 19 INCHES SIX DRAWERS. DRAWER ARRANGEMENT FROM TOP TO BOTTOM; TWO EACH 2 1/2 INCHES DEEP; AND FOUR EACH 5 INCHES DEEP. SFL 422 VALTRONIC OR EQUAL.
COLOR: BASE--- JADE GREEN, NR. 908.'
REFERENCE TO THE VALTRONIC CORPORATION CATALOG (1963 EDITION) SHOWS ON PAGE 8 THEREOF ILLUSTRATIONS OF THE SFL SERIES OF MODULAR FLOOR CABINETS (SFL SERIES) INCLUDING THE SFL-422 CABINET. THE RECORD IS SILENT AS TO WHY A COMPARATIVELY SIMPLE PRODUCT AS A FLOOR CABINET COULD NOT BE ADEQUATELY DESCRIBED IN A SPECIFICATION FOR PROCUREMENT PURPOSES, WITHOUT REQUIRING IT TO BE "SFL 422 VALTRONIC OR EQUAL.' IT WOULD APPEAR TO US THAT IT WAS UNNECESSARY TO DESCRIBE THE CABINET IN SUCH A WAY AND TO PUT THE BURDEN ON A PROSPECTIVE BIDDER WHO OFFERED TO MANUFACTURE A CABINET--- OTHER THAN VALTRONIC--- TO SHOW EXACTLY HOW HE WOULD VARY HIS PRODUCT IF HE REGULARLY MANUFACTURED SIMILAR CABINETS. AS WE POINTED OUT IN OUR DECISION, 41 COMP. GEN. 242, THIS SHOWS THE DIFFICULTIES THAT ARE ENCOUNTERED WHEN PROCUREMENTS ARE MADE ON A "BRAND NAME OR EQUAL" BASIS. WE HELD IN THAT CASE, AND IN LINE WITH ASPR 1-1206, THAT A "BRAND NAME OR EQUAL" DESCRIPTION SHOULD NOT BE USED EXCEPT WHEN AN ADEQUATE SPECIFICATION OR MORE DETAILED DESCRIPTION CANNOT FEASIBLY BE MADE AVAILABLE IN TIME FOR A PARTICULAR PROCUREMENT. IT IS SUGGESTED, THEREFORE, THAT IN FUTURE PROCUREMENTS OF EQUIPMENT OF THE TYPE HERE INVOLVED THE MATTER BE GIVEN THOROUGH CONSIDERATION AND STUDY WITH A VIEW TO DEVELOPING SATISFACTORY DESCRIPTIONS OF THE ARTICLES TO BE PROCURED AND TO ELIMINATION OF THE "BRAND NAME OR EQUAL" DESCRIPTION.