B-225744: Apr 2, 1987

A firm protested an Air Force contract award for a quantity of short-ported coaxial sensor (SPCS) systems, contending that the awardee's system did not meet the solicitation's material requirement that the offered equipment be a commercial product. GAO held that: (1) the solicitation expressly called for a commercial product; and (2) the awardee's product did not meet the commercial product requir...

B-225744: Apr 2, 1987

AN AGENCY WILL NOT BE PERMITTED TO DENY THE EXPRESS TERMS OF ITS OWN SOLICITATION. WHICH ESSENTIALLY PROVIDES THAT AN ITEM IS NOT A COMMERCIAL PRODUCT WHEN ITS ONLY USE IS FOR THE GOVERNMENT INSTEAD OF THE GENERAL PUBLIC. OR WHEN IT HAS BEEN OFFERED FOR SALE COMMERCIALLY BUT NO SALES OTHER THAN TO THE GOVERNMENT HAVE ACTUALLY OCCURRED. THE PROCUREMENT IS FOR THE ACQUISITION OF A QUANTITY OF SHORT...