B-153678, OCT. 21, 1964
Highlights
TO THE HONORABLE SECRETARY OF THE ARMY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY ON THE REQUEST BY HYPERION INDUSTRIES. THIS MATTER WAS THE SUBJECT OF A REPORT FROM U.S. WE HAVE OBSERVED FROM THE INITIAL REPORT ON THIS MATTER THAT ONLY THREE BIDS WERE RECEIVED FROM THE 59 SOLICITED FIRMS. ONLY THE ONE OFFERING THE SPECIFIED BRAND NAME WAS CONSIDERED RESPONSIVE TO A PURCHASE DESCRIPTION WHICH SPECIFIED VERY FEW OF THE SALIENT PHYSICAL. WE FURTHER NOTE FROM THE REPORT OF SEPTEMBER 21 THAT THE CONTRACTING OFFICER JUSTIFIES HIS FAILURE TO SET FORTH SALIENT FEATURES BY THE STATEMENT THAT HE DEEMED IT UNNECESSARY "SINCE IT WAS CONSIDERED THAT THESE FEATURES OF THE EQUIPMENT ARE CITED IN THE HEWLETT-PACKARD COMMERCIAL LITERATURE AND OPERATING MANUAL.'.
B-153678, OCT. 21, 1964
TO THE HONORABLE SECRETARY OF THE ARMY:
ENCLOSED IS A COPY OF OUR DECISION OF TODAY ON THE REQUEST BY HYPERION INDUSTRIES, INC., FOR RECONSIDERATION OF OUR DECISION OF JUNE 24, 1964, WHICH UPHELD AN ADMINISTRATIVE DETERMINATION TO AWARD A CONTRACT FOR 75 POWER SUPPLY UNITS TO HEWLETT-PACKARD COMPANY, PURSUANT TO INVITATION FOR BIDS NO. AMC/E/-36-039-64-152-A3, ISSUED BY U.S. ARMY ELECTRONICS MATERIEL AGENCY, PHILADELPHIA, PENNSYLVANIA. THIS MATTER WAS THE SUBJECT OF A REPORT FROM U.S. ARMY MATERIEL COMMAND, PROCUREMENT AND PRODUCTION, DATED SEPTEMBER 21, 1964.
DURING OUR REVIEW, WE HAVE OBSERVED FROM THE INITIAL REPORT ON THIS MATTER THAT ONLY THREE BIDS WERE RECEIVED FROM THE 59 SOLICITED FIRMS. THESE THREE, ONLY THE ONE OFFERING THE SPECIFIED BRAND NAME WAS CONSIDERED RESPONSIVE TO A PURCHASE DESCRIPTION WHICH SPECIFIED VERY FEW OF THE SALIENT PHYSICAL, FUNCTIONAL OR OTHER CHARACTERISTICS OF SUCH BRAND NAME PRODUCT. WE FURTHER NOTE FROM THE REPORT OF SEPTEMBER 21 THAT THE CONTRACTING OFFICER JUSTIFIES HIS FAILURE TO SET FORTH SALIENT FEATURES BY THE STATEMENT THAT HE DEEMED IT UNNECESSARY "SINCE IT WAS CONSIDERED THAT THESE FEATURES OF THE EQUIPMENT ARE CITED IN THE HEWLETT-PACKARD COMMERCIAL LITERATURE AND OPERATING MANUAL.' WE FEEL THAT THIS EVIDENCES A MISCONCEPTION OF THE INTENT OF ASPR 1-1206.2 (B), WHICH WE BELIEVE WAS DESIGNED TO REQUIRE A DISCLOSURE TO PROSPECTIVE BIDDERS OF THE PARTICULAR FEATURES OR CHARACTERISTICS OF THE BRAND-NAME ARTICLE WHICH ARE DEEMED NECESSARY FOR SATISFACTORY PERFORMANCE IN THE USE TO WHICH THE ARTICLE IS TO BE PUT, AS DISTINGUISHED FROM FEATURES OR CHARACTERISTICS AS TO WHICH EXACT CONFORMITY IS NOT REQUIRED.
IN ANY FUTURE PROCUREMENT, WE SUGGEST THAT CARE SHOULD BE TAKEN TO USE A PURCHASE DESCRIPTION WHICH FULLY DISCLOSES THE ESSENTIAL CHARACTERISTICS WITHOUT REQUIRING FEATURES OR CHARACTERISTICS WHICH WILL NOT AFFECT THE OVER-ALL PERFORMANCE OF THE ITEM. SEE 39 COMP. GEN. 101 AND B-153717, DATED JUNE 4, 1964.