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B-205914.2 1 (1982-12-20)

handle is hein.gao/gaobadkug0001 and id is 1 raw text is: 00. tr t i s C THM COMPTROLLER I3ENERAL CECII 3INV N jt. LP THE U.N ITB 5BTATIMU *4 WASHINGTON. 0, C1,200548 FILE; B-205914.2 DATE: December 20, 19P2 MATTER OF: Tennant Company DiGEST: Where grantee drafted specificatiors around specific product and grantee permitted the submission of deviating products for approved equal status, failure of grantee to refute complainant's assertions that its product met or exceeded certain disapproved deviations from the specifications results in conclusion that specifications exceeded mini- mum needs and were unduly restrictive of competition. Tennant Company (Tennant) complains of the award of an advertised contract for two industrial scrubbers to American Lincoln, Division of Scott & Fetzer Co. (American Linc'oln), by the Southeastern Michigan Transportation Authority (SEMTA), pursuant to grant No. MI-03-0061, administered by the Urban Mass Transportation Administration (UMTA). We sustain the complaint. Under the original solicitation for this requirement, Tennant offered its model 550, which the company asserts met all the specifications of that solicitation. For reasons not apparent from the record, SEMTA canceled the solicita- tion for lack of advertising and issued a new solicita- tion. Tennant again bid model 550, claiming that it met the specifications in every respect with no exceptions. The specifications were apparently drawn around Tennant's model 550. SEMTA proposed to award this contract to American Lincoln. Tennant asserted that American Lincoln's offered model 7000 did not meet the specifications, and is actually a much smaller piece of equipment, and not in the class or size required. Tennant complained to SLMTA and our Office, alleging that the model 7000 failed to meet 14 requirements

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