Rejection of Bids as Nonresponsive Due to Qualifying Language on Descriptive Literature

B-184759: Dec 24, 1975

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The protester, a regular dealer, objected to the rejection of its bid as nonresponsive because of a printed legend on the manufacturer's descriptive data sheets submitted with the bid which stated that the product specifications were subject to change without notice. The printed legend may be ignored in evaluating the bid under the brand name or equal clause since the bid, read as a whole, indicated the bidder's intention to furnish from stock products conforming to the specifications. The effect of the legend by the manufacturer of the equipment was to reserve the right to make changes with regard to items produced in the future.