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B-187371 1 (1977-02-01)

handle is hein.gao/gaobadeji0001 and id is 1 raw text is: David Bafurther A. JIM 40 Proc. I THE OOMPTROLLWR WNEMAL CECISPON . . P THU aNITWO ETATES WA LHINGTON, 13. C. R054 A L FILE: B-187371 D.AT: February 1, 1977 MATTER OF: Micronetics, Inc. OtGEST: Invitation specified brand name only item meeting all testing requirements and comatible for use an spare. Low bid is properly rejected where bidder in response to request for price'verification indicates intention to furnish item he regards as equal to brand name. Invitation for bids No. AC3A-6-0670 was issued on June 18, 1976, by the Federal Aviation Admiuist*ation (FAA), Oklahoma City, with bid opening set for July 29. Micronetics, Inc., protests the failure of the PAA to award it, as low bidder, the cdntract on item No. 6 of the invitation. That item called for the supplying of 556 Diode Micro- wave Ass6ciates Inc. P/N M8314 - 2L2TD1. The brand name re'quire- mept, according to the contracting activity, did not permit tiae .ddlng of an or equal item because the brand name'item is the only one which currently meets all testing requirements and which is compatible for use as a field spare part wiih'the system in which it will be user. Because of the disparity between the Micranetica'. price and the next low bid, the contracting officer requested Micronetis to verify its price and to verify that it was offering the brand name specified. Microneties confirmed its price, but stated that it intended to offer a part of its own manufacture and contended that the supplying of an or equal part was permissible since the procurement of the item was a competed one. Micro.atics protested to our office on September 9, 1976, the failure of the FAA to accept an or equal item on item No. 6. was the the The contracting activity'advises that although a brand name specified it was aware that more than one supplier could provide item. Therefore, the procurement was competed in the hope that anticipated competition would permit the activity to acquire - 1 - L. P V CZ 0= A

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