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B-207836.2 1 (1982-12-21)

handle is hein.gao/gaobadkuk0001 and id is 1 raw text is: 


1101-13


DECISION


THS COMPTFRD3LLUR
OF ,THE UNITED


GENAIAL
BSTATES8


WABH INGT3N, D.0, 20548


FILE B-207836.2


DATE:


December 21, 1982


  MATTER OF:Audio Technologies, Inc.--Recons idarat ion

  DIGEST:

     Where specifications described components
     by brand name followed by the words or
     equal or approved equivalent, bidder
     who offered to comply with specifications
     was responsive.   Bidder was not required to
     obtain the tagency's approval to furnish any
     equal or equivalent components.

     Audio Technologies, Inc. (ATI), requests reconsideration
of our decision in the matter of Audio Technologien, Inc.,
B-207836, July 30, 1982, 82-2 CPD 97. That decision
dismissed, as untimely, ATI's protest against the award of a
contract to Logitek Electronic Systems, Inc. (Logitek), under
invitation for bids (IFB) No. 23-23-2-EA issued by the
International Communication Agency (ICA) for certain radio
broadcast equipment racks.

     ATI has provided additional information to persuade
us that its protest is timely, However, after considering
the merits of ATI's contention--that the ICA's Interpretation
of the specifications is incorrect, making Logitek's bid
nonresponsive--we deny the protest.

     The IFB called for radio broadcast equipment racks as
described in the IFB's specifications and drawings. Some of
the components of the end items were described in the
specifications by brand name followed by tile words or equal
or approved equivalent.

     After bid opening, by letter dated April 2, 1982, ATI
wrote to the ICA contracting officer to express its views
that any bid based on unapproved equivalent components would
be nonresponsive.   By letter dated April 14, 1982, ICA
responded, advising ATI that, where the IFB specified either
an equal or an approved equivalent, advance approval of any
component was not required for substitution and no amendment

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