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B-408052 1 (2014-06-04)

handle is hein.gao/gaobadqig0001 and id is 1 raw text is: G A 0Comptroller General ity * Integrity * Rellability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Decision Matter of: Marathon Medical Corporation File: B-408052 Date: June 4, 2013 Kristen E. Ittig, Esq., Arnold & Porter LLP, for the protester. James S. Phillips, Esq., and Eric s. Cruisus, Esq., Centre Law Group, LLC, for Manus Medical, LLC, the intervenor. Russell L. Emery, Esq., Department of Veterans Affairs, for the agency. Mary G. Curcio, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency held unequal discussions is sustained where agency allowed awardee, but not protester, to submit information to demonstrate that its proposal was acceptable. DECISION Marathon Medical Corporation, of Commerce City, Colorado, protests the Department of Veterans Affairs' award of a contract to Manus Medical, LLC, of Glendale, Colorado, under request for proposals (RFP) No. VA259-12-R-0078, for custom sterile surgical procedure packs and trays. Marathon asserts that the agency held unequal discussions with offerors. We sustain the protest. BACKGROUND The solicitation requested offers to provide custom sterile surgical packs and procedure trays; it listed the items that had to be provided for each pack by brand name and item number. RFP, exh. 1, att. A-E. The solicitation, however, included a brand name or equal clause which permitted offerors to propose equal items (unless specifically prohibited for an individual item). Offerors were required to clearly identify any offered equal items, which were to be evaluated for equality based on information furnished in the offer or other information reasonably available to the

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