B-155295, NOV. 30, 1964

B-155295: Nov 30, 1964

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TO HY-GAIN ELECTRONICS MANUFACTURING COMPANY: FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF SEPTEMBER 30. THE INVITATION WAS ISSUED AUGUST 18. IT SPECIFIED IN SECTION 1.0 THEREOF THAT THE ITEM SOUGHT WAS AN "ANTENNA. THE EVALUATION OF BIDS AND THE DETERMINATION AS TO EQUALITY OF THE PRODUCT OFFERED SHALL BE THE RESPONSIBILITY OF THE GOVERNMENT AND WILL BE BASED ON INFORMATION FURNISHED BY THE BIDDER AS WELL AS OTHER INFORMATION REASONABLY AVAILABLE TO THE PURCHASING ACTIVITY. BIDDERS ARE CAUTIONED THEREIN THAT THE PURCHASING ACTIVITY IS NOT RESPONSIBLE FOR SECURING ANY INFORMATION WHICH IS NOT IDENTIFIED IN THE BID AND REASONABLY AVAILABLE TO THE PURCHASING ACTIVITY. BIDDERS ARE REQUIRED TO PROVIDE DESCRIPTIVE LITERATURE SUFFICIENT TO DETERMINE WHETHER THE PRODUCT OFFERED MEETS THE REQUIREMENTS OF THE INVITATION AND TO ESTABLISH WHAT THE BIDDER PROPOSES TO FURNISH.

B-155295, NOV. 30, 1964

TO HY-GAIN ELECTRONICS MANUFACTURING COMPANY:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAM OF SEPTEMBER 30, 1964, PROTESTING AGAINST THE MAKING OF ANY AWARD OTHER THAN TO YOUR COMPANY UNDER INVITATION FOR BIDS NO. 228-5625-65, ISSUED BY THE NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA.

THE INVITATION WAS ISSUED AUGUST 18, 1964. IT SPECIFIED IN SECTION 1.0 THEREOF THAT THE ITEM SOUGHT WAS AN "ANTENNA, UNIDIRECTIONAL HF, COLLINS RADIO CO., MODEL 237B-1 WITH 143A-1 AZIMUTH CONTROL, OR EQUAL.' THE INVITATION INCORPORATED BY REFERENCE ARMED SERVICES PROCUREMENT REGULATION (ASPR) 1-1206.3 (B),"BRAND NAME OR EQUAL.' THAT REGULATION PROVIDES, INTER ALIA, THAT IF THE BIDDER PROPOSES TO FURNISH AN "EQUAL" PRODUCT, THE EVALUATION OF BIDS AND THE DETERMINATION AS TO EQUALITY OF THE PRODUCT OFFERED SHALL BE THE RESPONSIBILITY OF THE GOVERNMENT AND WILL BE BASED ON INFORMATION FURNISHED BY THE BIDDER AS WELL AS OTHER INFORMATION REASONABLY AVAILABLE TO THE PURCHASING ACTIVITY. BIDDERS ARE CAUTIONED THEREIN THAT THE PURCHASING ACTIVITY IS NOT RESPONSIBLE FOR SECURING ANY INFORMATION WHICH IS NOT IDENTIFIED IN THE BID AND REASONABLY AVAILABLE TO THE PURCHASING ACTIVITY. BIDDERS ARE REQUIRED TO PROVIDE DESCRIPTIVE LITERATURE SUFFICIENT TO DETERMINE WHETHER THE PRODUCT OFFERED MEETS THE REQUIREMENTS OF THE INVITATION AND TO ESTABLISH WHAT THE BIDDER PROPOSES TO FURNISH.

YOUR BID INDICATED THAT IN LIEU OF THE BRAND NAME SPECIFIED IN THE INVITATION YOU PROPOSED TO FURNISH THE ITEM DESIGNATED AS "HY-GAIN.' HOWEVER, YOU DID NOT INCLUDE THE NECESSARY LITERATURE TO IDENTIFY THE "EQUAL" BRAND INTENDED TO BE SUPPLIED. DESCRIPTIVE LITERATURE WAS NOT REASONABLY AVAILABLE TO THE CONTRACTING OFFICER NOR TO THE TECHNICAL ACTIVITY INVOLVED. ACCORDINGLY, THE BID WAS ADMINISTRATIVELY REJECTED AND AWARD WAS MADE TO COLLINS RADIO COMPANY, DALLAS, TEXAS, ON SEPTEMBER 14, 1964.

IN THIS CASE IT APPEARS THAT, IN ACCORDANCE WITH ASPR 1-1206.3/B), YOUR OFFERED PRODUCT SHOULD HAVE BEEN CLEARLY IDENTIFIED IN THE BID AND TO INSURE THAT SUFFICIENT INFORMATION WAS AVAILABLE YOU WERE REQUIRED TO FURNISH AS A PART OF YOUR BID ALL DESCRIPTIVE MATERIAL (SUCH AS CUTS, ILLUSTRATIONS, DRAWINGS OR OTHER INFORMATION) NECESSARY FOR THE PURCHASING ACTIVITY TO (1) DETERMINE WHETHER THE PRODUCT OFFERED MET THE REQUIREMENTS OF THE INVITATION AND (2) ESTABLISH EXACTLY WHAT YOU PROPOSED TO FURNISH AND WHAT THE GOVERNMENT WOULD BE BINDING ITSELF TO PURCHASE BY MAKING AN AWARD. SINCE THE RECORD SHOWS THAT YOUR BID CONTAINED MERELY THE BRAND NAME AND NUMBER OF YOUR OFFERED EQUIPMENT THE ACTION TAKEN BY THE PURCHASING ACTIVITY IN REJECTING YOUR BID WAS PROPER. 39 COMP. GEN. 595; 36 COMP. GEN. 415.