B-176468(2), SEP 1, 1972

B-176468(2): Sep 1, 1972

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IT IS SUGGESTED THAT FUTURE SOLICITATIONS FOR BRAND NAME OR EQUAL PROCUREMENTS CONFORM TO THE REQUIREMENTS OF THE FPR. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEYS FOR GARDNER DENYING THE PROTEST. THE ADMINISTRATIVE FILE IS RETURNED. ALTHOUGH WE HAVE DENIED THE PROTEST.

B-176468(2), SEP 1, 1972

BRAND NAME OF EQUAL CLAUSE - DEVIATION FROM FPR ALTHOUGH THE PROTEST OF THE GARDNER CONSTRUCTION CO., AGAINST THE REJECTION OF THEIR BID AS NONRESPONSIVE HAS BEEN DENIED, IT SHOULD BE NOTED THAT THE "BRAND NAME, MODEL OR EQUAL CLAUSE" UTILIZED HERE DIFFERS FROM THAT REQUIRED BY FPR 1-1.307-6. IT IS SUGGESTED THAT FUTURE SOLICITATIONS FOR BRAND NAME OR EQUAL PROCUREMENTS CONFORM TO THE REQUIREMENTS OF THE FPR.

TO MR. DONALD E. JOHNSON:

BY LETTER DATED JULY 6, 1972, FILE 578/134, THE CONTRACTING OFFICER AT THE EDWARD HINES, JR., HOSPITAL, HINES, ILLINOIS, FURNISHED OUR OFFICE A REPORT ON THE PROTEST OF GARDNER CONSTRUCTION CO. WITH RESPECT TO PROJECT NO. 72-566. AWARD OF A CONTRACT FOR THE PROJECT HAS BEEN WITHHELD PENDING OUR RESOLUTION OF THE PROTEST.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEYS FOR GARDNER DENYING THE PROTEST. AS REQUESTED, THE ADMINISTRATIVE FILE IS RETURNED.

ALTHOUGH WE HAVE DENIED THE PROTEST, WE NOTE THAT THE "BRAND NAME, MODEL OR EQUAL CLAUSE" UTILIZED IN THIS INSTANCE DIFFERS FROM THAT REQUIRED BY SECTION 1-1.307-6 OF THE FEDERAL PROCUREMENT REGULATIONS (FPR) IN THAT IT PROVIDES FOR THE SUPPLYING OF THE BRAND NAME PRODUCT WHERE THE BIDDER DOES NOT FURNISH ALL THE DOCUMENTATION REQUESTED AS TO THE PROPOSED "EQUAL." WE SUGGEST THAT FUTURE INVITATIONS FOR BIDS FOR BRAND NAME OR EQUAL PROCUREMENTS CONFORM TO THE REQUIREMENTS OF THE FPR.