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    Government would award a purchase order resulting from this solicitation to the responsible Quote conforming to the solicitation that would be the “Best Value” and most advantageous to the Government Product offered, Price and Delivery were the factors to be considered Alternate Product awarded did not fit exact description of brand name product but the USDA Program making the purchase said the lower cost alternate product was suitable. One Vendor says the award for the alternate is unfair because it doesn't fit the description of product requested and 52.211-6 Brand Name or Equal was not followed.


    Answer

    FAR 52.211-6(b) clearly identifies what the contractor MUST do to be considered for award.  In this case, the solicitation provided an attachment with the specifications for the NOX35 and the HALO-LR.  In your question, you clearly state the “Alternate Product awarded did not fit exact description of brand name product but the USDA Program making the purchase said the lower cost alternate product was suitable.”

    Based on the information provided and your statement above, I would tend to side with the vendor’s perspective that award of the alternate is unfair.  I strongly recommend the Contracting Officer should consult with Legal and Policy advisors due to a potential protest.

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