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B-222579.2 1 (1986-09-19)

handle is hein.gao/gaobadmlz0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof. Hobart Brothers Company-Reconsideration File: B-222579.2 Date: September 19, 1986 DIGEST Where it is not feasible to terminate a contract for the convenience of the government and to resolicit as recommended in a prior decision, the protester, in effect previously determined to have been unreasonably excluded from the procurement, is entitled to its costs of filing and pursuing the protest, including attorney's fees, and also its proposal preparation costs. DECISION The Defense General Supply Center, Defense Logistics Agency (DLA), requests reconsideration of the recommendation for corrective action made in our decision in Hobart Brothers Company, B-222579, July 28, 1986, 86-2 CPD 120 at p. 5. We modify the recommendation contained in that decision. Briefly, the solicitation, issued to acquire a welding system, identified a brand name product and only permitted consideration of an alternate product that was physically, mechanically, electrically, and functionally interchangeable with the named product. Hobart Brothers Company offered the specified product (its own model No. 200409-R3 welding system) at a price of $209,044. Hobart stated that since it assumed that the specified model, with its particular features, represented DLA's minimum needs, it refrained from offering less expensive or otherwise modified equipment. DLA, however, also received an offer from Sciaky Brothers, Inc. for its model AcuWeld System 500 at a price of $165,000. DLA accepted this alternate product from Sciaky. Hobart then filed a protest alleging that DLA accepted an alternate product that deviated from solicitation require- ments and had also overstated its minimum requirements in the solicitation.

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