B-187588: Jun 6, 1977

AWARD TO BIDDER OFFERING "OR EQUAL" PRODUCT UNDER BRAND NAME OR EQUAL CLAUSE IS PROPER WHERE PRODUCT MET IFB SALIENT CHARACTERISTICS. THE BRAND NAME OR EQUAL CLAUSE (ASPR 7-2003.10) WAS INCORPORATED BY REFERENCE INTO THE IFB. FLUKE QUESTIONS THE NAVY'S TECHNICAL DETERMINATION THAT AUL'S MODEL 1412 WAS EQUAL TO THE BRAND NAME AND TECHNICALLY RESPONSIVE TO THE IFB. WHICH AUL WAS MANUFACTURING AT THE...

B-187588: Jun 6, 1977

The Navy's technical determination in a contract award was questioned. The award to a competitor, who offered an "or equal" product under the brand name or equal clause, was proper because the product met invitation for bids' salient characteristics, despite protester's contention that the competitor did not establish technical equality of its model with the brand name model. (QM)...