B-174189(3), JAN 19, 1972

B-174189(3): Jan 19, 1972

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IT IS THE OPINION OF THE COMP. THAT THE ITEMS OFFERED BY INGERSOLL- RAND HAVE BEEN IDENTIFIED WITHIN THE MEANING OF CLAUSE 13(B) OF THE SOLICITATION. TO CHICAGO PNEUMATIC TOOL COMPANY: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 13. IN THE ENCLOSED COPY OF OUR DECISION TO BLACK & DECKER WE HAVE DECIDED THE SAME ISSUE RAISED IN YOUR PROTEST - WHETHER A BID CAN BE REJECTED AS NONRESPONSIVE FOR FAILING TO INCLUDE PRODUCT DESIGNATION NUMBERS WHERE THE BIDDER OTHERWISE IDENTIFIES THE QPL ITEM OFFERED. FAILURE TO FURNISH PRODUCT DESIGNATION NUMBERS IS NOT TANTAMOUNT TO A FAILURE TO IDENTIFY SINCE THE QUALIFIED PRODUCT OFFERED CAN BE IDENTIFIED BY INFORMATION OTHER THAN PRODUCT DESIGNATION SUCH AS BY THE TEST NUMBER AND MANUFACTURER'S NAME.

B-174189(3), JAN 19, 1972

BID PROTEST - NONRESPONSIVENESS - PRODUCT QUALIFICATION DECISION DENYING PROTEST OF CHICAGO PNEUMATIC TOOL COMPANY AGAINST AWARD OF A CONTRACT TO INGERSOLL-RAND COMPANY UNDER AN IFB ISSUED BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION, AND ENCLOSING A COPY OF A DECISION TO BLACK AND DECKER MANUFACTURING COMPANY WHICH RAISES THE SAME ISSUE. WHILE THE FAILURE TO IDENTIFY THE QUALIFIED PRODUCT GENERALLY NECESSITATES REJECTION, A FAILURE TO FURNISH PRODUCT DESIGNATION INFORMATION DOES NOT CONSTITUTE A FAILURE TO IDENTIFY SINCE THE PRODUCT OFFERED CAN BE IDENTIFIED BY THE TEST NUMBER AND THE MANUFACTURER'S NAME. IT IS THE OPINION OF THE COMP. GEN. THAT THE ITEMS OFFERED BY INGERSOLL- RAND HAVE BEEN IDENTIFIED WITHIN THE MEANING OF CLAUSE 13(B) OF THE SOLICITATION.

TO CHICAGO PNEUMATIC TOOL COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 13, 1971, WITH ENCLOSURE, PROTESTING AGAINST THE AWARD OF A CONTRACT TO INGERSOLL-RAND COMPANY FOR ITEMS NOS. 17 AND 18 UNDER INVITATION FOR BIDS NO. FPNTP-B6-19084-A 8-18- 71, ISSUED ON JULY 19, 1971, BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION.

IN THE ENCLOSED COPY OF OUR DECISION TO BLACK & DECKER WE HAVE DECIDED THE SAME ISSUE RAISED IN YOUR PROTEST - WHETHER A BID CAN BE REJECTED AS NONRESPONSIVE FOR FAILING TO INCLUDE PRODUCT DESIGNATION NUMBERS WHERE THE BIDDER OTHERWISE IDENTIFIES THE QPL ITEM OFFERED. AS INDICATED IN THE ENCLOSED DECISION, CLAUSE 13(B) OF THE INSTANT SOLICITATION REQUIRES THAT A BID BE REJECTED IF A BIDDER FAILS TO IDENTIFY THE QPL PRODUCT OFFERED. HOWEVER, FAILURE TO FURNISH PRODUCT DESIGNATION NUMBERS IS NOT TANTAMOUNT TO A FAILURE TO IDENTIFY SINCE THE QUALIFIED PRODUCT OFFERED CAN BE IDENTIFIED BY INFORMATION OTHER THAN PRODUCT DESIGNATION SUCH AS BY THE TEST NUMBER AND MANUFACTURER'S NAME. BY USING THE INFORMATION SUBMITTED WITH INGERSOLL-RAND'S BID FOR ITEM NOS. 17 AND 18, GSA CAN ESTABLISH THAT THIS BIDDER IS OFFERING QPL PRODUCTS MEETING THE REQUIREMENTS OF THE SPECIFICATIONS FOR THESE ITEMS. IN THE CIRCUMSTANCES WE FIND THAT THE ITEMS OFFERED BY INGERSOLL-RAND HAVE BEEN "IDENTIFIED" WITHIN THE MEANING OF CLAUSE 13(B).

FOR THESE REASONS YOUR PROTEST IS DENIED.