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B-265649.2 1 (1996-01-22)

handle is hein.gao/gaocrptadsk0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Tri Tool, Inc. File: B-265649.2 Date: January 22, 1996 Dan Skorcz for the protester. Granette A. Trent, Esq., Department of Justice, for the agency. Robert C. Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of rejection of equal product offered in response to a brand name or equal procurement is sustained where rejection was based on bidder's failure to meet salient characteristics that were not set forth in the solicitation. DECISION Tri Tool, Inc. protests the rejection of its bid under invitation for bids (IFB) No. 1PI-B-1498-95, issued by the Department of Justice, Federal Prison Industries, Inc. (FPI), for pipe cutting components, which are to be assembled by FPI into kits for the Department of the Army. The protester alleges that its bid was improperly rejected as nonresponsive. We sustain the protest. The IFB was issued on May 25, 1995, with bid opening on June 26. Section B of the solicitation, the schedule of items, contained 43 line items representing different pipe cutting components for which bidders were to offer a firm fixed price. Award was to be made on an all-or-none basis to the lowest responsible bidder whose products conformed to the item descriptions set forth in section B. Each line item description referred to a part number from the incumbent contractor--E.H. Wachs Company--and contained the phrase or equal. Some of the line item descriptions also contained design and performance requirements and many referenced a national stock number (NSN). Although section L of the FPI is a wholly owned government corporation within the Justice Department that operates under the trade name UNICOR at various federal correctional institutions in the federal prison system. FPI operates approximately 100 factories at 53 different locations that manufacture a variety of products for the government. 1107122

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