About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-275390.5 1 (1997-05-14)

handle is hein.gao/gaocrptafui0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548
Decision                                  DOCUMENT FOR PUBLIC RELEASE

                                         A protected decision was issued on the date below
                                         and was subject to a GAO Protective Order. This
                                         version has been redacted or approved by the parties
                                         involved for public release.


Matter of:    Henschel, Inc.

File:        B-275390.5

Date:        May 14, 1997

D. Whitney Thornton II, Esq., and Joel Freid, Esq., Seyfarth, Shaw, Fairweather &
Geraldson, for the protester.
Sam Zalman Gdanski, Esq., for Dynalec Corporation, an intervenor.
Benjamin G. Perkins, Esq., and Amalia Evola, Esq., Defense Logistics Agency, for
the agency.
Susan K McAuliffe, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Where request for proposals (RFP) designates a specific brand name part, but
permits consideration of an alternate product that is physically, mechanically,
electrically, and functionally interchangeable with the product identified in the RFP,
protest of award to offeror of alternate product is sustained where agency failed to
reasonably confirm that alternate product met material characteristics of named
part number.
DECISION

Henschel, Inc. protests the award of a contract to Dynalec Corporation under
request for proposals (RFP) No. SP0430-96-R-2173, issued by the Defense Logistics
Agency (DLA) for digital airflow panels. The panels are used in airflow monitoring
systems in ships; the panel is an integral part of the system and interfaces with an
airflow sensor (not procured under this RFP) located in the ventilation duct of the
monitored compartment. Henschel contends that the agency improperly determined
that the panel offered by Dynalec was interchangeable with the named Henschel
panel requested by the solicitation; the protester states that there are material
differences between its named part and Dynalec's part. The protester contends that
the agency improperly relaxed material, more costly performance specifications of
its named part.


We sustain the protest.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most