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B-281877 1 (1999-04-12)

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Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: SOG Specialty Knives, Inc.

File:        B-281877

Date:        April 12, 1999
Spencer Frazer for the protester.
W. S. Spotswood, Jr., for Fiskars Inc., an intervenor.
Adele Ross Vine, Esq., General Services Administration, for the agency.
Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Where an invitation for bids required adequate descriptive literature to determine
whether the offered items conform to the technical requirements and bidders were
advised that failure to do so would result in rejection of their bids, protester's bid
offering equivalent items was properly rejected as nonresponsive where the
descriptive information furnished with the bid did not show that the offered items
were equal to the brand name items solicited.
DECISION

SOG Specialty Knives, Inc. (SOG) protests the rejection of its bid as nonresponsive
under invitation for bids (IFB) No. 6FES-G3-980158-S, issued by the General
Services Administration on a brand name or equal basis, for multi-purpose pocket
survival knives (tools). GSA rejected SOG's bid because the descriptive literature it
submitted did not establish that SOG 's offered tools were equal to the brand name.

We deny the protest.

The IFB contemplated award on an item by item basis for eight different tools,
only three of which are at issue here--item numbers 3, 4, and 5, described as
Fiskars/Gerber part numbers 07500G, 07505G, and 07520G, or equal. IFB, Item
Purchase Description (IPD) at 2-7. As relevant here, the IFB required that for item
numbers 3 and 4, the tool must have a non-glare satin finish and a plier head that
shall retract and slide into the handle. Item number 5 required the same salient
characteristics as item number 3 except that the tool was required to have a black
oxide finish. IFB, IPD at 3-4. Bidders offering other than brand name items were
required to submit with their bids adequate descriptive literature for the agency to
determine the equality of their offered items and the items had to meet each of the
listed characteristics set forth in the IPD. Bidders were also advised that failure to
submit the required descriptive literature would result in the rejection of the bid as
nonresponsive. IFB § B.1, at 7.

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