C. Lawrence Construction Company, Inc., B-290709, September 20, 2002

B-290709 Sep 20, 2002 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest of invitation for bid's terms is sustained where protester reasonably interpreted specification governing interior signs to be installed as requiring named manufacturer's signs and there is no evidence in the record that only named manufacturer's signs will satisfy the agency's needs. Lawrence contends that the specification governing signs to be installed in the buildings is unduly restrictive of competition. /1/ We sustain the protest. No substitutions will be permitted. 2. No substitutions will be permitted. a) Where Specifications specify products or manufacturers by name. Nonproprietary Specifications: When Specifications list products or manufacturers that are available and may be incorporated in the Work. View Decision C. Lawrence Construction Company, Inc., B-290709, September 20, 2002 DIGEST Attorneys DECISION C. Lawrence Construction Company, Inc. protests the terms of invitation for bids (IFB) No. IFB-02-DCS-32-JC, issued by the Department of Labor, Employment and Training Administration, for construction of educational and vocational buildings at the Turner Job Corps Center in Albany, Georgia. Lawrence contends that the specification governing signs to be installed in the buildings is unduly restrictive of competition. /1/ We sustain the protest. The IFB, which contemplated the award of a fixed-price contract, requested lump-sum prices on a base item and four additive alternate items. The base item encompassed the construction of two new buildings with complete mechanical, electrical, and plumbing systems and interior and exterior finishes, as well as site improvement work. A number of the specifications describing the work to be performed identified acceptable products and/or acceptable manufacturers. In some cases, the specifications indicated that products equal to those identified would be permissible, /2/ while other specifications made no allowance for equal products. /3/ With specific relevance to this protest, the specification governing interior modular and interchangeable signs identified as "[a]cceptable [m]anufacturers" of the signs to be furnished "ASI Sign Systems . . . [o]r pre-approved manufacturer with an equal product." The specification also identified "ASI INTERIOR 20 Series" as an acceptable product and furnished a detailed description of the characteristics of the ASI Interior 20 signs. IFB Sec. 10447, Paras. 2.01 and 2.02. In addition to the above specification describing the signs to be furnished, the IFB contained a more general Materials and Equipment specification, which provided as follows: Procedures governing product selection include the following: 1. Proprietary Specification Requirements: Where Specifications name only a single product or manufacturer, provide the product indicated. No substitutions will be permitted. 2. Semiproprietary Specification Requirements: Where Specifications name 2 or more products or manufacturers, provide 1 of the products indicated. No substitutions will be permitted. a) Where Specifications specify products or manufacturers by name, accompanied by the term "or equal" or "or approved equal," comply with the Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. 3. Nonproprietary Specifications: When Specifications list products or manufacturers that are available and may be incorporated in the Work, but do not restrict the Contractor to use of these products only, the Contractor may propose any available product that complies with Contract requirements. Comply with Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. IFB at Sec. 01600, Para. 2.01(B)(2). /4/ The IFB also contained the following guidance: References in the specifications to any article, device, product, materials, fixture, form or type of construction by name, make, or catalog number, shall be interpreted as establishing a standard of quality, and not as limiting competition. The Contractor may make substitutions equal to the items specified if approved prior to the bid opening through the issuance of addenda. If approval is requested after the award of the contract, substitutions may or may not be approved. Approval will be granted for any substitution which is in the Government's interest. The Contractor bears the risk in the event a substitution proposed after award is not approved. Attach. B, Additional Instructions to Bidders. Lawrence filed its protest with our Office on June 12, prior to the time set for bid opening. Despite the protest, the agency proceeded with bid opening. Twelve bids were received. Lawrence did not submit a bid.