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B-185397 1 (1976-05-12)

handle is hein.gao/gaobaddni0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DIECISIh! e s=OF TH E UNITE STaATES WASHINGTON. D.C. 20548 FILE: B-185397 DATE: May 12, 1976 MATTER OF: Vanguard Pacific, Inc. DIGEST: Bidder offering extension lights with neoprene rubber handles in lieu of plastic handles called for by specifications was not justified in requiring contracting officer to determine that neoprene handles were equal or superior to plastic han- dles. Since agency's technical personnel advised contracting officer that neoprene handles were not acceptable, contract- ing officer reasonably concluded that bid should be rejected. Vanguard Pacific, Inc. (VPI) has protested the rejection of its bid and the award to Ericson Manufacturing Company (EMC) under invitation for bids (IFB) No. DSA400-76-B-0761, issued by the Defense Supply Agency (DSA), Defense General Supply Center, Rich- mond, Virginia, on August 15, 1975. The IFB, a small business set-aside, was for the procurement of extension lights. The specifications cited in the IFB stated that the handle shall be made of a suitable plastic that is resist- ant to impact, abrasion, heat, and oil. -Bids were opened on September 11, 1975, and VPI's bid was low. However, VPI's bid was accompanied by a letter, dated September 5, 1975, which stated: Item bid meets and exceeds requirements of Federal Specification W-L-661B in that han- dle used is neoprene rubber, heavy duty, in place of hollow shell plastic P.V.C. Based upon VPI's statement that it would furnish handles made of neoprene rubber rather than plastic, the contracting officer rejected the bid. Award was made to the second low bidder, EMC, on November 7, 1975. In its letter of protest, VPI contends that it was under no obligation to obtain the contracting officer's approval to provide a product allegedly superior to that required by the specifications. VPI states that it was capable of providing plastic handles but that it attempted to upgrade the product furnished at no additional cost - 1 -

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