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B-187101 1 (1977-02-11)

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ML~e   3.187101


DATE:   February 11, 1.77


MATTER LIP: Parkson Coj ;ation


DIGSET:

1.   Ware brand name or equal purchase descripfion is used in
     request for pioposals, technical specification requirements
     constitute salieat characteristics of equipmnt to be pur-
     chased and mst be compLied with by offerors.

2.   Agecy's' accptance :of.proposal offering equipment vhich
     duiatesfrm   apcifications, without first amending solic-
     tation end provding'opportuaity to19 all offerors to compote
     on iqual bass, is iEmroper. 1kwevr,,termination of con-
     tract L 'not recommnded in Iagbt of circumstances suggest-
     Los that: protester was nut unduly prejudiced by procuremelt
     deficiL.-tes.


     The Farkson Corporation. (Parkib) protests the award of a
contract by, the Bureau of Mini, Department of the interior
(Interior), to the ielkaro d Separator Company (Pielkauirond)
ader-requestfor.prao  sals (rFP) 50166141. The protester
alleges thb  the .uer was improper because Fielkenroad did not
offer to funish equipment meting the specifications.

     The RP solitited offr  6n  ix items of cal  sly   pump-
Lg  equipment. Its  6,  larification Equipment, was 'described
aa .Parkson Corporation LaillaThikener Model 2500/45 or
equal as approved by theGoverrient. Two proposals were
received foritem 6, one frfm Parkson and one ftro Pilkenroad.
loth-offer. were considered to be technically acceptable,
altsugb  neither conformed to the specificationa. The contract
was sharded to Pielkanroad on the basis of its lower price.

     Boh                    sev eat resets  from-the specifica-
tions.  irksonsiuat-   lnificant deviation was4e  elimination
of the floccilator a capinent of. its Lbodel Z500/45.- The record
indcates that while the RFP was not amended tbreflect the,
acceptbitty  of the equipment without a floccialtor, Pielkenroad
was directly informied of this change and was instructed by the
contracting officer toteiove the flocculator from its proposed
equipment. Other deviations reflecting peculiarities of the


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