B-175292(2), JUN 19, 1972

B-175292(2): Jun 19, 1972

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IT IS RECOMMENDED THAT THE "BRAND NAME OR EQUAL" CLAUSE IN FPR 1-1.307-6(A)(2). WILL BE CONSIDERED FOR AWARD IF SUCH PRODUCTS MEET THE SALIENT CHARACTERISTICS REFERENCED IN THE IFB. SAMPSON: ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE SECRETARY OF DEFENSE. YOUR ATTENTION IS DIRECTED TO SECTION 236 OF THE LEGISLATIVE REORGANIZATION ACT OF 1970. THE STATEMENTS ARE TO BE SENT TO THE COMMITTEES ON GOVERNMENT OPERATIONS OF BOTH HOUSES NOT LATER THAN 60 DAYS AFTER THE DATE OF THE REFERENCED DECISION.

B-175292(2), JUN 19, 1972

BID PROTEST - "BRAND NAME OR EQUAL" - RECOMMENDATION FOR REVISION OF REGULATIONS CONCERNING THE PROTEST OF COHERENT RADIATION LABORATORIES AGAINST AWARD OF A "BRAND NAME OR EQUAL" CONTRACT UNDER AN IFB ISSUED BY THE NAVAL WEAPONS LABORATORY. IN VIEW OF THE ENCLOSED PROTEST, IT IS RECOMMENDED THAT THE "BRAND NAME OR EQUAL" CLAUSE IN FPR 1-1.307-6(A)(2), BE REVISED TO CLEARLY ADVISE THAT BIDS OFFERING "EQUAL" PRODUCTS INCLUDING OTHER PRODUCTS OF THE BRAND NAME MANUFACTURER, WILL BE CONSIDERED FOR AWARD IF SUCH PRODUCTS MEET THE SALIENT CHARACTERISTICS REFERENCED IN THE IFB.

TO MR. ARTHUR F. SAMPSON:

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE SECRETARY OF DEFENSE, REQUESTING THAT CONSIDERATION BE GIVEN TO REVISING THE "BRAND NAME OR EQUAL" CLAUSE SET FORTH IN ASPR 1-1206.3(B).

FOR THE REASONS STATED IN OUR LETTER TO THE SECRETARY, WE RECOMMEND THAT CONSIDERATION ALSO BE GIVEN TO SIMILAR REVISIONS IN THE "BRAND NAME OR EQUAL" CLAUSE SET FORTH IN FPR 1-1.307-6(A)(2).

SINCE THIS LETTER CONTAINS A RECOMMENDATION FOR CORRECTIVE ACTION TO BE TAKEN BY YOUR ADMINISTRATION, YOUR ATTENTION IS DIRECTED TO SECTION 236 OF THE LEGISLATIVE REORGANIZATION ACT OF 1970, 84 STAT. 1140, 1171, WHICH REQUIRES THAT YOU SUBMIT WRITTEN STATEMENTS TO CERTAIN COMMITTEES OF THE CONGRESS AS TO THE ACTION TAKEN BY YOUR DEPARTMENT WITH RESPECT TO OUR RECOMMENDATION.

THE STATEMENTS ARE TO BE SENT TO THE COMMITTEES ON GOVERNMENT OPERATIONS OF BOTH HOUSES NOT LATER THAN 60 DAYS AFTER THE DATE OF THE REFERENCED DECISION, AND TO THE COMMITTEES ON APPROPRIATIONS IN CONNECTION WITH THE FIRST REQUEST OF APPROPRIATIONS MADE BY YOUR AGENCY MORE THAN 60 DAYS AFTER THE DATE OF THE DECISIONS.

OUR OFFICE WOULD ALSO APPRECIATE BEING ADVISED AS TO THE ACTION TAKEN WITH RESPECT TO THESE MATTERS. PERHAPS THIS CAN BE ACCOMPLISHED BY SENDING US A COPY OF YOUR REPORT TO THE COMMITTEES NOTED ABOVE.