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B-417761 1 (2019-10-18)

handle is hein.gao/gaobaeaek0001 and id is 1 raw text is: 



G     A     O       U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                    Comptroller General
Washington, DC 20548                                              of the United States


                                                     DOCUMENT FOR PUBLIC RELEASE
                                                   The decision issued on the date below was subject to
Decision                                           a GAO Protective Order. This redacted version has
                                                   been approved for public release.
                                                   .......................................................................................................................
Matter of:   Creative Custom Products

File:        B-417761

Date:        October 18, 2019

Lawrence J. Sklute, Esq., and Lana Meller, Esq., Sklute & Associates, for the protester.
Tenley A. Carp, Esq., Georgina C. Shepard, Esq., Samuel M. Shapiro, Esq., and
Andrew C. Stevens, Esq., Arnall Golden Gregory LLP, for FlexDecks, Inc., the
intervenor.
David S. Castro, Esq., and Karin S. Wiechmann, Esq., Department of the Navy, for the
agency.
Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest challenging the evaluation of protester's proposal as technically
unacceptable is denied where the protester's equal product, submitted in response to a
brand name or equal solicitation for aircraft maintenance stands, failed to meet specific
salient characteristics listed in the solicitation.

2. Protest alleging that awardee's brand name product does not meet salient
characteristics in a brand name or equal solicitation is dismissed as untimely. Any
alleged inconsistency between a brand name product and the salient characteristics
used to define an or equal product must be protested prior to the due date for receipt
of proposals.
DECISION

Creative Custom Products (Creative), a small business located in Phoenix, Arizona,
protests the award of an indefinite-delivery, indefinite-quantity contract to FlexDecks,
Inc., a small business located in Houston, Texas, under request for proposals (RFP) No.
N68335-19-R-001 1, issued by the Department of the Navy, Naval Air Warfare Center,
for V-22 Osprey aircraft maintenance wing stand platforms (maintenance stands). The
protester challenges the agency's evaluation of its proposal as technically unacceptable
for failing to meet salient characteristics established by the solicitation. Alternatively,
the protester alleges that the awardee's proposal failed to meet the same salient
characteristics, rendering the awardee's proposal unacceptable as well.

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