B-148457, MAY 25, 1962

B-148457: May 25, 1962

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WAS AMENDED ON OCTOBER 3. TO REQUIRE THE FURNISHING OF SAMPLES FOR THE PURPOSE OF DETERMINING WHETHER BASEBALL GLOVES AND MITTS OFFERED BY BIDDERS COMPLY WITH THE ADVERTISED REQUIREMENTS OF THE GOVERNMENT WHICH WERE STATED IN THE INVITATION ON A BRAND NAME OR EQUAL BASIS. THE STANDARD BRAND NAME OR EQUAL CLAUSE PRESCRIBED BY SECTION 1-1.307.6 OF THE FEDERAL PROCUREMENT REGULATIONS WAS MADE A PART OF THE INVITATION. WE HAVE REVIEWED THE FILE PERTAINING TO THIS PROCUREMENT AND WE MUST CONCLUDE THAT YOUR BID WAS PROPERLY REJECTED ON THE BASIS OF LABORATORY TESTS MADE OF YOUR SAMPLE GLOVES AND MITTS BY QUALIFIED GOVERNMENT PERSONNEL WHO CONCLUDED FOR FULL AND SUFFICIENT REASONS. THERE IS ENCLOSED A SUMMARY PREPARED BY GENERAL SERVICES ADMINISTRATION OF THE REASONS FOR REJECTION OF YOUR PRODUCTS WHICH INDICATES THAT THE VARIANCES WERE OF A SUBSTANTIAL NATURE.

B-148457, MAY 25, 1962

TO HERMAN HOLLANDER, INC:

BY LETTER DATED MARCH 7, 1962, WITH ENCLOSURE YOU PROTESTED AGAINST THE REJECTION OF YOUR BID SUBMITTED IN RESPONSE TO AN INVITATION ISSUED BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION, FOR THE FURNISHING OF RECREATION AND ATHLETIC EQUIPMENT, FSC GROUP 78, DURING THE PERIOD MARCH 1, 1962, THROUGH DECEMBER 31, 1962.

THE INVITATION, INSOFAR AS PERTINENT HERE, WAS AMENDED ON OCTOBER 3, 1961, BY SPECIAL NOTICE NO. 2, TO REQUIRE THE FURNISHING OF SAMPLES FOR THE PURPOSE OF DETERMINING WHETHER BASEBALL GLOVES AND MITTS OFFERED BY BIDDERS COMPLY WITH THE ADVERTISED REQUIREMENTS OF THE GOVERNMENT WHICH WERE STATED IN THE INVITATION ON A BRAND NAME OR EQUAL BASIS. THE STANDARD BRAND NAME OR EQUAL CLAUSE PRESCRIBED BY SECTION 1-1.307.6 OF THE FEDERAL PROCUREMENT REGULATIONS WAS MADE A PART OF THE INVITATION. YOU FURNISHED SAMPLES OF THE BASEBALL GLOVES AND MITTS YOU PROPOSED TO FURNISH AS ,EQUAL" TO THE BRAND NAMES SPECIFIED IN THE INVITATION FOR BID EVALUATION PURPOSES. WE HAVE REVIEWED THE FILE PERTAINING TO THIS PROCUREMENT AND WE MUST CONCLUDE THAT YOUR BID WAS PROPERLY REJECTED ON THE BASIS OF LABORATORY TESTS MADE OF YOUR SAMPLE GLOVES AND MITTS BY QUALIFIED GOVERNMENT PERSONNEL WHO CONCLUDED FOR FULL AND SUFFICIENT REASONS, WHICH HAD BEEN COMMUNICATED TO YOU, THAT YOUR PRODUCTS FAILED TO MEET THE REQUIREMENTS OF THE BRAND NAMES SPECIFIED. THERE IS ENCLOSED A SUMMARY PREPARED BY GENERAL SERVICES ADMINISTRATION OF THE REASONS FOR REJECTION OF YOUR PRODUCTS WHICH INDICATES THAT THE VARIANCES WERE OF A SUBSTANTIAL NATURE.

THE DRAFTING OF PROPER SPECIFICATIONS, INCLUDING THE USE OF BRAND NAME OR EQUAL DESCRIPTIONS, TO MEET THE REQUIREMENTS OF THE ORDERING AGENCY AND THE FACTUAL DETERMINATION WHETHER GIVEN PRODUCTS CONFORM TO THOSE SPECIFICATION ARE MATTERS PRIMARILY WITHIN THE JURISDICTION OF THE ORDERING AGENCY. 17 COMP. GEN. 554; 40 ID. 35. THE RECORD REASONABLY ESTABLISHES THAT THE ESSENTIAL CHARACTERISTICS OF YOUR GLOVES AND MITTS SUBSTANTIALLY DIFFERED FROM THE GOVERNMENT'S REQUIREMENTS AND FROM THE BRANDS NAMED. UNDER THESE CIRCUMSTANCES, WE SEE NO BASIS TO QUESTION THE DETERMINATION MADE.