Defective Specifications

Two companies protested the award of a contract for 12 forklift trucks, contending that some of the specifications restricted competition and were impossible of performance. The provision which excluded particular design was without a reasonable basis. Listed salient characteristic of a brand-name item was unduly restrictive of competition. No further deliveries of the brand-name item should be accepted until the item's compliance with salient characteristic is established through actual demonstration. In the future, oral amendments to solicitations should be confirmed in writing.