[Protest of Air Force Rejection of Bid as Nonresponsive]

B-216236.2: Apr 18, 1985

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A firm protested the Air Force's rejection of its bid as nonresponsive because it failed to include sufficient descriptive material with its bid to establish that all salient characteristics of the "brand name or equal" procurement were met. The protester advised the agency in a cover letter accompanying its bid that its model would be modified to meet the solicitation's dimensional and technical specifications. The protester contended that the solicitation improperly contained a "brand name or equal" provision because the requirement was "open-ended and undefined." GAO did not consider this portion of the protest since it was filed after the bid opening and considered untimely. The protester also challenged the responsiveness of another firm's bid on the basis that the firm offered a new product in response to the solicitation. The challenge of the equality of the amplifier model was without merit because the protester had not stated how the model offered failed to meet any of the characteristics of the solicitation. Accordingly, the protest was denied in part and dismissed in part.