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B-184759 1 (1975-12-24)

handle is hein.gao/gaobaddue0001 and id is 1 raw text is: 0%LFR f, THE COMPTRCLLER GENERAL DECISION . . OF THE UNITED STATEB WASHINGTON, D.C. 20548 FILE: B-184759 DATE: December 24, 1975 MATTER OF: Burley Machinery, Inc. DIGEST: Printed legend on descriptive data sheets submitted with bid that product specifications set forth in data sheets are subject to change without notice may be ignored in evaluating bid under brand name or equal clause since bid, read as a whole, indicates bidder's intention to furnish from stock product conforming to specifications. Effect of legend by manufacturer of equipment is to reserve right to make changes as to its items-produced in future. Invitation for bids (IFB) DAAA22-75-B-0011 was issued on May 28, 1975, by the Watervliet Arsenal, Watervliet, New York, to procure a snow removal unit on the basis of a Caterpiller Loader, Model 920 or equal with specified attachments. Two bids were received in response to the IFB including the bid submitted by Burley Machinery, Incorporated (Burley), a regular dealer, who offered the Clark Equipment Company (Clark) Model 45B, and related attachments of other manufacture, as equal to the brand name model. However, it is reported that all bids were rejected as nonresponsive because of qualifying language contained in the accompanying descrip- tive literature. The IFB contained the standard Brand Name or Equal clause pre- scribed by Armed Services Procurement Regulation 1-1206.3(b) (1974 ed.), which requires bidders proposing to furnish an equal product to furnish with the bid descriptive material to enable the purchasing activity to determine whether the product offered meets the salient characteristics of the IFB and to establish exactly what the bidder proposes to furnish. The Clark data sheets, submitted as part of the descriptive literature with Burley's bid, contained the statement: Materials and Specifications Subject to Change Without Notice or Obligation. However, Burley contends that the cover letter trans- mitting its bid, in effect, negates the legend contained in the descriptive literature. Specifically, the protester relies on the statement contained in its cover letter that its bid met the specifi- cations in every respect, that delivery of the equal unit would be - 1 - PUBLISHED DECISION 55 Comp. Gen.......... A

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