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B-274748.3 1 (1997-05-05)

handle is hein.gao/gaocrptafra0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: National Aeronautics and Space Administration-- Reconsideration and
                         Modification of Remedy

             File:       B-274748.3

             Date:       May 5, 1997

             Andrew Mohr, Esq., Cohen & White, for the protester.
             Vincent A. Salgado, Esq., and Thomas W. Berndt, Esq., National Aeronautics and
             Space Administration, for the agency.
             John Van Schaik, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Although Federal Acquisition Regulation (FAR) Part 12, dealing with purchases of
             commercial products, permits requirements to be stated in broad functional or
             performance terms instead of in detailed specifications, it requires a contracting
             agency to describe its need for commercial items in sufficient detail for potential
             offerors of commercial items to know which commercial products or services to
             offer, such that a solicitation is flawed where it does not include sufficient
             information to allow commercial vendors to understand the agency's requirements.
             DECISION

             The National Aeronautics and Space Administration (NASA) requests
             reconsideration of our decision Access Logic. Inc., B-274748; B-274748.2, Jan. 3,
             1997, 97-1 CPD  36, in which we sustained the protest of Access Logic, Inc. against
             the award of a contract to EISI, Inc., under request for offers (RFO) No. 2-36632
             (CDT), issued by NASA for a 360-degree rear projection display system which will
             be used to simulate the outside view from an air traffic control tower. NASA also
             requests that we modify our recommendation that NASA terminate the contract and
             resolicit with an appropriate statement of the agency's needs.

             We affirm the decision, but modify the recommendation.

             Among other items, the RFO specified projection systems and projection screens by
             brand name and indicated that equal products would be considered. Instead of the
             brand name projection system and screens, Access Logic proposed equal
             projectors and screens. Access Logic's proposal was rejected as technically
             unacceptable. Among other alleged flaws, NASA's evaluators concluded that Access
             Logic's offer did not meet solicitation requirements for mullions, or spacers between


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