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B-184341 1 (1976-04-14)

handle is hein.gao/gaobaddpl0001 and id is 1 raw text is: 





                             THE  COMPTR~OLLER G~ENERAL
DECISIO~N          7?J       OF   THE UNITED STATES
                             WASHINGTON. D.C. 20548




FILE:   B-184341                   DATE: April 14, 1976

MATTER OF: Omni-Spectra, Inc.                             q0


DIGEST:


1.   Mere promise by offeror that its item will meet RFP performance
     requirements when descriptive literature indicates to the con-
     trary, is not sufficient basis upon which to determine that
     salient characteristics requirement of brand name or equal
     clause is satisfied.

2.   The failure of an item to meet features of the brand name item
     which are not listed as salient characteristics affords no
     basis for rejection of a proposal.

3.   Allegations that items do not comply with salient characteristics
     of solicitation raised ronLhs after protester was informed of
     award are untimely.

     Request for proposals (RFP) No. ST 75-58, issued by the Depart-
ment of State, solicited offers on a brand name or equal basis for
the purpose of obtaining outdoor microwave intrusion alarm systems
and standby batteries. Omni-Spectra, Inc. (Omni) submitted a
proposal on its Model 300 and battery Model BA-20, the specified
brand name products. However, award was made to Racon Inc., the
low bidder, who offered its Racon Model 14000 system equipped with
a Gel-Cel standby battery.

     Omni has protested the acceptance of Racon's offer on the basis
that the Racon Model 14000 did not comply in various respects with
the specific salient characteristics of the brand name product
contained in the RFP. These deviations from the salient charac-
teristics of Racon's product, as noted by Omni, were that:

     (1)  the Racon Model did not have an operating
          temperature range from -350 C to +660 C
          as required;

     (2)  the Racon Model 14000 did not have the
          required Federal Communications Com-
          mission (FCC) certification; and

     (3)  the Racon Model 14000 did not conform to the
          required operating range from 50 to 500 feet.


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