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B-184734 1 (1975-10-09)

handle is hein.gao/gaobadcve0001 and id is 1 raw text is: FIE:CIBI1N FILE: B-18473 STHE r-OMPTROLLER GENERAL OF THE UNITED STATES W~ AASHINGTON, 0. C. 20548 DATE: October 9, 1975 4 MATTER OF: Lansmont Corporation DIGEST: Invitation contained brand name or equal clause providing that if bidder proposed furnishing equal product bid must contain sufficient descriptive data to evaluate it or include reference to previously furnished data. Since bidder offered equal product which could not be evaluated from brochure submitted and literature already in posses- sion of agency was not referenced in bid, bid was properly rejected as nonresponsive as agency has no obligation to go to bidder after bid opening or to expend unreasonable efforts to obtain data. This matter concerns the protest filed by Lansmont Corporation (Lansmont) against the award of a contract to L.A.B. Division, Mechanical Technology, Inc. (LAB), under invitation for bids (IFB) No. 184-E-ARS-75, issued on June 5, 1975, by the United States Department of Agriculture (Agriculture), Agricultural Research Center-West, Beltsville, Maryland, for item No. 1, a compressor tester and item No. 2, an electrohydraulic vibration test system for product and package testing. The IFB required that bids be submitted on a brand name or equal basis. Included in the IFB was NER Form 19, a brand name or equal clause. It provided in pertinent part that: (c)(1) If the bidder proposes to furnish an 'equal' product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the Invitation for Bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not - 1

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