B-178720(2), AUG 16, 1973

B-178720(2): Aug 16, 1973

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WAS DENIED. USE OF THE "BRAND NAME OR EQUAL" METHOD OF PROCUREMENT IN THIS CASE WAS OF DOUBTFUL VALIDITY. FLETCHER: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO MINUTEMAN LABORATORIES. WHICH WAS THE SUBJECT OF A REPORT FROM THE DIRECTOR OF PROCUREMENT DATED JUNE 21. WE BELIEVE THAT THE USE OF THE "BRAND NAME OR EQUAL" METHOD OF PROCUREMENT IN THE INSTANT CASE WAS OF DOUBTFUL VALIDITY.

B-178720(2), AUG 16, 1973

ALTHOUGH PROTEST BY MINUTEMAN LABORATORIES, INC. AGAINST REJECTION OF ITS BID UNDER IFB NO. 1-64-3586 ISSUED BY THE LANGLEY RESEARCH CENTER, HAMPTON, VA. WAS DENIED, USE OF THE "BRAND NAME OR EQUAL" METHOD OF PROCUREMENT IN THIS CASE WAS OF DOUBTFUL VALIDITY.

TO MR. JAMES C. FLETCHER:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO MINUTEMAN LABORATORIES, INCORPORATED, DENYING ITS PROTEST AGAINST REJECTION OF ITS BID UNDER INVITATION FOR BIDS (IFB) NO. 1-64-3586, ISSUED BY THE LANGLEY RESEARCH CENTER, HAMPTON, VIRGINIA, ON MARCH 28, 1973, WHICH WAS THE SUBJECT OF A REPORT FROM THE DIRECTOR OF PROCUREMENT DATED JUNE 21, 1973.

HOWEVER, WE BELIEVE THAT THE USE OF THE "BRAND NAME OR EQUAL" METHOD OF PROCUREMENT IN THE INSTANT CASE WAS OF DOUBTFUL VALIDITY. THE APPLICABLE REGULATION, NASA PR 1.1206-1(A), PROVIDES THAT THIS "TECHNIQUE SHOULD BE USED ONLY AS A LAST RESORT WHEN AN ADEQUATE SPECIFICATION OR MORE DETAILED DESCRIPTION CANNOT FEASIBLY BE MADE AVAILABLE." IN VIEW OF WHAT APPEARS TO BE A DETAILED DESCRIPTION IN THE SUBJECT INVITATION OF THE ITEM BEING PROCURED, WE BELIEVE THAT THE NECESSITY FOR PROCUREMENT ON A BRAND NAME OR EQUAL BASIS IN FUTURE PROCUREMENTS OF THE ITEM SHOULD BE GIVEN CAREFUL CONSIDERATION. SEE 49 COMP. GEN. 274, 279 (1969).