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B-185664 1 (1976-05-26)

handle is hein.gao/gaobaddlx0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .OF THE UNITED STATES VWASHINGTON. D.C. 20548 tITCO FILE: B-185664 DATE: May 26, 1976 MATTER OF: Cummins Mid-America, Inc. DIGEST: Where IFB solicited brand name or equal product but goes beyond make and model of brand name and specifies particular design features, such features must be presumed to have been regarded as material and essential to needs of Government. Contract was improperly awarded to bidder nonresponsive to certain of these features. Since award was made to nonresponsive bidder and IFB was defective for listing character- istics not essential to needs of Government as evidenced by award, recommendation is made that contract be terminated for convenience of Government and procurement readvertised reflecting only actual needs. The Department of Justice (Justice), Bureau of Prisons issued invitation for bids (IFB) No. 132-8840-L for a 450-kilowatt diesel- engine-driven electrical generating plant--Cummins Engine Company, Inc., Caterpillar or Onan or approved equal. Bids were opened and award was made to Dobbs Detroit Diesel, Inc. (Dobbs), at a price of $43,897. Cummins Mid-America, Inc. (Cummins), which bid $44,367, protests the acceptance of Dobbs' bid, in part, on the basis that the diesel engine offered by Dobbs as an equal does not comply with the speci- fication requirements contained in the IFB for wet-type, removable cylinder liners and water-cooled exhaust manifold. Justice has conceded that the Dobbs diesel engine deviates from the above requirements. However, its position is that the Dobbs diesel engine complied with the performance requirements of the IFB and, therefore, qualified as an approved equal to the listed brand names notwithstanding the failure to meet every detail of the specifications. Justice relies on the following language in the specifications: Materials shall be new, of such quality, capacity and type and size to assure the complete system operating satisfactorily. - 1 -

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