United States v. National Wholesalers, a Corporation M-D Parts Manufacturing Company, National Parts Company and Henry Mezori

CHAMBERS, Circuit Judge.

National Wholesalers, a California corporation; was low bidder in the year 1950 to supply the Department of the Army with 6,600 generator regulators for motor vehicles at $23.50 each. The call for bids had specified catalogue items DR (for Delco-Remy) 1118502, GM (for General Motors) 1118502, or IHC (for International Harvester Corporation) 50301-R1 “or equal.” The bid call also made reference to Army ordnance stock numbers for the item.

By the terms of the bid call which had been previously mailed to 56 prospective bidders, it was required that if “or equal” was…