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B-409792 1 (2014-06-16)

handle is hein.gao/gaobadqjb0001 and id is 1 raw text is: 




 G             A    O                                                  Comptroller General
        Accountability * Integrity * Reliability                        of the United States
 United States Government Accountability Office
 Washington, DC 20548



          Decision


          Matter of: Capture, LLC

          File:        B-409792

          Date:        June 16, 2014

          James J. Mokhiber, for the protester.
          Steven Cullen, Esq., Department of Defense, for the agency.
          Kenneth Kilgour, Esq., Paul E. Jordan, Esq., and David A. Ashen, Esq., Office of
          the General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest challenging the rejection of a quotation as unacceptable is denied where
          the quotation for an or equal product, submitted in response to a brand-name-or-
          equal solicitation for shredders, was properly found not to meet the solicitation's
          salient characteristics.

          2. Protest alleging that the awardee's brand name product does not meet the
          salient characteristics in a brand-name-or-equal solicitation for shredders is
          dismissed as untimely; any alleged inconsistency between a brand name item and
          the salient characteristics used to define an or equal product must be protested
          prior to the closing time for receipt of quotations.
          DECISION

          Capture, LLC, of Tampa, Florida, protests the award of a contract to Resource
          Packaging, Inc., of Laguna Niguel, California, under request for quotations (RFQ)
          No. 862647, issued by the Department of Defense, Defense Threat Reduction
          Agency, for high security, combination paper and media shredders. Capture
          challenges the agency's determination that its quoted shredder failed to meet the
          salient characteristics of the RFQ and argues that, in any case, the awardee's
          shredder failed to meet certain salient characteristics.

          We deny the protest.

          The RFQ, issued via the General Services Administration's (GSA) eBuy system to
          vendors holding GSA Federal Supply Schedule 75 contracts, sought quotations for
          three high security, combination paper and media shredders. The solicitation

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