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B-193932 1 (1979-03-14)

handle is hein.gao/gaobadgzs0001 and id is 1 raw text is: Y


                        THE COMPTROLLER GENERAL
DECISION    Jl  OF THE UNITED STATES
                        WASHINGTON, D.C. 20548


B- 19 39 32


DATE: March 14, 1979


%TTER OF:     A. A. Lasher, Inc. DJ(I
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3EST:                                           /~  ecs


Failure of equal product offered in low bid
to meet all of the salient characteristics
required by brand name or equal invitation
properly resulted in rejection of bid as non-
responsive, even though offered items might
have satisfied the intent of the specifica-
tions.

Protest that salient characteristics required
by brand name or equal invitation are too
restrictive must be filed before bid opening
to be timely.  4 C.F.R. § 20.2(b)(1) (1978).


41


FILE:


DIC

1.


     A. A. Lasher, Inc. (Lasher), protests award of
a contract to any other bidder under invitation for
bids (IFB) No. F32605-79-B-0084, issued by the Grand
Forks Air Force Base. The solicitation required delivery
of Honeywell thermostats or equal and listed certain
required salient characteristics. We find that the Air
Force properly rejected Lasher's bid, lowest of four
submitted, because Lasher's thermostats did not meet
the salient characteristics set forth in the solici-
tation.

     Lasher protests the rejection of its bid, and
contends that the thermostats it offered economically
satisfy the purpose for which the thermostats are
intended and that they meet the main salient charac-
teristics. Lasher does not deny that its bid fails to
meet all of the salient characteristics required by the
IFB.

     The IFB stated:
     * * * Bids offering 'equal' products * * *
     will be considered for award if such products
     are clearly identified in the bids and are


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