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B-292708 1 (2003-10-03)

handle is hein.gao/gaobacyky0001 and id is 1 raw text is: I G A 0Comptroller General .. . .Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 D .. Decision Matter of: Zarc International, Inc. File: B-292708 Date: October 3, 2003 Andrew N. Cook, Esq., Bell, Boyd & Lloyd, for the protester. Herb Schreiber for Guardian Protective Devices, Inc., an intervenor. W. Kent Davis, Esq., Department of Homeland Security, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where request for quotations specified protester's product by product number and prohibited substitutions, issuance of an order for alternative vendor's equivalent product is nonetheless unobjectionable where agency determined that equivalent product would meet its needs at a lower price than named vendor's, and protester fails to establish that had it known of agency's willingness to consider equivalent products, it would have altered its quotation to its competitive advantage. DECISION Zarc International, Inc. protests the issuance of a purchase order for inert oleoresin capsicum spray (commonly referred to as pepper spray) to Guardian Protective Devices, Inc. under request for quotations (RFQ) No. 03000127, issued by the Department of Homeland Security. Zarc contends that the RFQ specified a product which only Zarc manufactures and sells, and thus that award to any other firm is improper. We deny the protest. The agency explains that the inert spray being acquired here is used to train Federal law enforcement officers in the use of the working version of the spray, a non-lethal law enforcement tool that the officers will carry and use in the field. The RFQ, which the contracting officer posted on the FedBizOpps website on July 22, 2003, described the item to be acquired as Cap-stun Inert Oleoresin Capsicum Spray/Item #T-305 No Substitutions Acceptable. RFQ at 2. Zarc responded with a quotation of $61,236 for delivery of the 9,720 units requested.

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