Matter of Westwind Computer Products, Inc. Decided: December 8, 2021 Agency: Department of Agriculture Disposition: Protest Sustained Keywords: Brand Name or Equal Protest Insight Brand-name requirements typically violate open competition. As GAO pointed out here, an agency can only use a brand-name justification, if certain requirements are met. Namely, the particular brand-name product must be
Link: GAO Decision Protestor: Kingdomware Technologies Agency: Department of Veterans Affairs Disposition: Protest Denied. _________________________________________________________________________ Cancellation of request for quotations (RFQ) issued on a brand name or equal basis was proper where the RFQ failed to list any salient characteristics for use in evaluating equal products or identify a requirement that equal products be compatible
Link: GAO Decision Protestor: Great Journey West, LLC Agency: Department of Veterans Affairs Disposition: Protest Denied. _________________________________________________________________________ GAO Digest: Protest challenging an agency’s issuance of an order under a brand name or equal procurement is denied, where the protestor’s quotation of an equal product failed to meet a salient characteristic of the solicitation. General Counsel
Link: GAO Decision Protestor: Nas/Corp-Telmah, Inc. Agency: Department of Veterans Affairs Disposition: Protest Denied. _________________________________________________________________________ GAO Digest: Protest that agency unreasonably evaluated protester’s quotation as unacceptable is denied where agency properly concluded that protester’s quotation did not show that its microscope met the salient characteristics under the brand name or equal terms of the solicitation
Link: GAO Decision Protestor: Coastal Seal Services, LLC Agency: Department of the Navy Disposition: Protest Denied. _________________________________________________________________________ GAO Digest: Navy decision to limit procurement to brand name, original equipment manufacturer part was unobjectionable where the part was component of critical ship equipment, the failure of which could have serious consequences for deployed military forces; the
Link: GAO Decision Protestor: Sourcelinq, LLC Agency: Department of the Army Disposition: Protest Denied. Request for Recommendation for Protest Costs Denied. ________________________________________________________________________________ GAO Digest: Protest is denied where agency reasonably determined that descriptive literature for equal product submitted by protester in response to brand name or equal solicitation failed to demonstrate compliance with specified salient
Link: GAO Opinion Agency: Department of the Air Force Disposition: Protest denied. ________________________________________________________________________________ GAO Digest: Under brand name or equal solicitation, protester’s quotation was properly rejected where the protester failed to demonstrate that its product satisfied the salient characteristics and other requirements set forth in the solicitation. General Counsel P.C. Highlight: ADM argues that its
Link: GAO Opinion Agency: Department of the Navy Disposition: Protest denied. Keywords: Brand Name or Equal General Counsel P.C. Highlight: With respect to the offer of an “equal” product, an offeror’s proposal must demonstrate that its product conforms to the salient characteristics listed in the solicitation. —————————————————————————————————————————– MediaNow, Inc. protests the award of a contract under
Link: GAO Opinion Agency: Defense Logistics Agency Disposition: Protest sustained. Keywords: Brand Name Procurement General Counsel P.C. Highlight: The FAR permits agencies, in appropriate circumstances, to use “brand name or equal” purchase descriptions, where the purchase description includes a statement of the salient physical, functional or performance characteristics that are necessary to render an “equal” product
Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied. Keywords: Brand name or equal General Counsel P.C. Highlight: It is the vendor’s responsibility to include sufficiently detailed information in its proposal to establish that the item offered will meet solicitation requirements, and blanket statements or certifications of full compliance are insufficient. —————————————————————————————————————————– Medfinity, LLC