B-220730.2, JAN 16, 1986, OFFICE OF GENERAL COUNSEL
Highlights
HE WILL HAVE HIS BID REJECTED. YOUR FIRM'S PROTEST WAS BASED ON THE CONTENTION THAT THE ITEM YOU BID. WAS THE SAME AS THE BRAND NAME ITEM CALLED FOR IN THE SOLICITATION. EVEN THOUGH YOU MAY BELIEVE THAT AN ITEM WHICH IS BEING SOLICITED IS THE SAME AS AN ITEM YOU ARE OFFERING. YOU MUST INDICATE THAT YOU WILL SUPPLY THAT SPECIFIC NAMED ITEM AND NOT A DIFFERENTLY NAMED ITEM OR THE GOVERNMENT MUST REJECT YOUR BID. ENCLOSED FOR YOUR INFORMATION IS A COPY OF A BOOKLET ENTITLED BID PROTESTS AT GAO WHICH CONTAINS A DESCRIPTION OF THIS OFFICE'S BID PROTEST FUNCTION AND A COPY OF OUR BID PROTEST REGULATIONS. THIS SHOULD ASSIST YOU IN UNDERSTANDING WHEN THIS OFFICE CAN BE OF ASSISTANCE TO YOU AND HOW AND WHEN YOU SHOULD PROCEED IN THE EVENT YOU HAVE ANY FUTURE PREAWARD PROCUREMENT DISPUTES.
B-220730.2, JAN 16, 1986, OFFICE OF GENERAL COUNSEL
DIGEST: IN AN INFORMATIONAL LETTER WE ADVISE A DISAPPOINTED BIDDER THAT IF HE DOES NOT BID THE SPECIFIC NAMED ITEM SOLICITED BUT BIDS ANOTHER NAMED ITEM, HE WILL HAVE HIS BID REJECTED. IF HE OBJECTS TO A RESTRICTED PROCUREMENT HE MUST PROTEST PRIOR TO BID OPENING. WE SEND HIM A COPY OF OUR PUBLICATION BID PROTESTS AT GAO TO ASSIST HIM IN FUTURE PROCUREMENT DISPUTES.
MR. JEFF STOLLMAN:
PRESIDENT
ROCKY MOUNTAIN TRADING COMPANY
P.O. BOX 1458
BOULDER, COLORADO 80306
THIS RESPONDS TO YOUR LETTER OF JANUARY 3, 1986, IN WHICH YOU REQUEST ADVICE REGARDING PROTESTS OF PROCUREMENT SIMILAR TO YOUR PROTEST IN ROCKY MOUNTAIN TRADING COMPANY, B-220730, DEC. 27, 1985, 85-2 CPD PARA. ***, WHICH WE DENIED.
YOUR FIRM'S PROTEST WAS BASED ON THE CONTENTION THAT THE ITEM YOU BID, A LEADING EDGE MICROCOMPUTER, WAS THE SAME AS THE BRAND NAME ITEM CALLED FOR IN THE SOLICITATION, A SPERRY MODEL 400 MICROCOMPUTER. EVEN THOUGH YOU MAY BELIEVE THAT AN ITEM WHICH IS BEING SOLICITED IS THE SAME AS AN ITEM YOU ARE OFFERING, WHEN THE GOVERNMENT REQUIRES A SPECIFIC ITEM BY NAME, YOU MUST INDICATE THAT YOU WILL SUPPLY THAT SPECIFIC NAMED ITEM AND NOT A DIFFERENTLY NAMED ITEM OR THE GOVERNMENT MUST REJECT YOUR BID. SEE ROCKY MOUNTAIN TRADING COMPANY, ABOVE. IF YOU THINK THAT THE GOVERNMENT SHOULD NOT RESTRICT ITS PROCUREMENT TO A SPECIFIC ITEM IN THE SOLICITATION, THAT SHOULD BE PROTESTED TO THE PROCURING AGENCY OR TO THIS OFFICE PRIOR TO THE CLOSING DATE. IF YOU DO NOT PROTEST PRIOR TO THE CLOSING DATE, THIS OFFICE HAS NO OPTION BUT TO DISMISS YOUR PROTEST. 4 C.F.R. SEC. 21.2(A)(1) (1985).
ENCLOSED FOR YOUR INFORMATION IS A COPY OF A BOOKLET ENTITLED BID PROTESTS AT GAO WHICH CONTAINS A DESCRIPTION OF THIS OFFICE'S BID PROTEST FUNCTION AND A COPY OF OUR BID PROTEST REGULATIONS. THIS SHOULD ASSIST YOU IN UNDERSTANDING WHEN THIS OFFICE CAN BE OF ASSISTANCE TO YOU AND HOW AND WHEN YOU SHOULD PROCEED IN THE EVENT YOU HAVE ANY FUTURE PREAWARD PROCUREMENT DISPUTES.