B-214415, MAR 9, 1984
Highlights
DIGEST: CONTENTION THAT NEW EQUIPMENT WAS REQUIRED IS WITHOUT MERIT SINCE THE SPECIFICATIONS DID NOT CALL FOR NEW EQUIPMENT AS OPPOSED TO USED EQUIPMENT. THE SPECIFICATIONS IN OTHER SOLICITATIONS IN WHICH TENAVISION HAS COMPETED HAVE ALWAYS STATED WHETHER USED EQUIPMENT COULD BE OFFERED. WE HAVE HELD THAT NEW EQUIPMENT IS NOT REQUIRED WHERE THE SPECIFICATIONS DO NOT CALL FOR IT. TENAVISION'S ALLEGATION IS WITHOUT MERIT.
B-214415, MAR 9, 1984
DIGEST: CONTENTION THAT NEW EQUIPMENT WAS REQUIRED IS WITHOUT MERIT SINCE THE SPECIFICATIONS DID NOT CALL FOR NEW EQUIPMENT AS OPPOSED TO USED EQUIPMENT.
TENAVISION, INC.:
TENAVISION, INC. (TENAVISION), PROTESTS ANY AWARD OF A CONTRACT ISSUED UNDER INVITATION FOR BIDS (IFB) NO. DABT31-84-B-0032 BY THE DEPARTMENT OF THE ARMY FOR THE LEASE OF WASHERS AND DRYERS.
TENAVISION CONTENDS THAT THE SPECIFICATIONS IN THE IFB DID NOT SPECIFY WHETHER USED EQUIPMENT COULD BE OFFERED. FURTHER, THE SPECIFICATIONS IN OTHER SOLICITATIONS IN WHICH TENAVISION HAS COMPETED HAVE ALWAYS STATED WHETHER USED EQUIPMENT COULD BE OFFERED. TENAVISION POINTS OUT THAT ALL BUT ONE BIDDER OFFERED NEW EQUIPMENT AND ARGUES THAT THIS SUPPORTS ITS CONCLUSION THAT OTHER BIDDERS ALSO THOUGHT THAT ONLY NEW EQUIPMENT COULD BE OFFERED UNDER THE TERMS OF THE IFB.
HOWEVER, WE HAVE HELD THAT NEW EQUIPMENT IS NOT REQUIRED WHERE THE SPECIFICATIONS DO NOT CALL FOR IT. LE PRIX ELECTRICAL DISTRIBUTORS, INC., B-212080, SEPTEMBER 13, 1983, 83-2 CPD 319. ACCORDINGLY, TENAVISION'S ALLEGATION IS WITHOUT MERIT.
WE SUMMARILY DENY THE PROTEST.