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![handle is hein.gao/gaocrptacbb0001 and id is 1 raw text is:
Comptroller General
of the United States
Washington, D.C. 20548
Decision REDACTED DECISION
A poteteddeisin ws isud o th dae elow and
was subject to a GAO Protective Order. This version has
been redacted or approved by the parties involved for
public release.
Matter of: Datacomm Management Sciences, Inc.
File: B-261089
Date: August 8, 1995
Rex L. Fuller III, Esq., for the protester.
David H. Turner, Esq., Department of the Navy, for the agency.
Behn Miller, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Protest that agency improperly made award to firm whose automated matrix
switching control system was not equal to the brand name system specified in the
solicitation is denied where agency reasonably determined that awardee's product
was functionally equivalent to the specified system.
DECISION
Datacomm Management Sciences, Inc. protests the award of a contract to Telenex
Corporation under request for proposals (RFP) No. N00140-94-R-BA60, issued by the
Department of the Navy for a brand name or equal automated matrix switching
control system for the Technical Control Facility at the Naval Computer and
Telecommunications Station in Cutler, Maine. Datacomm contends that Telenex's
offered system is not equal to the protester's brand name system.
We deny the protest.
On August 11, the Navy issued the RFP, which contemplated the award of a fixed-
price contract to the lowest-priced, technically acceptable offeror. As initially
issued, the RFP requested a switching control system comprised of items brand
name or equal [emphasis in original] to the following Data[c]omm Management
Sciences, Inc. items [emphasis added]. Under this description, the RFP's pricing
schedule listed 14 sub-contract line item numbers (sub-CLINs), identified by
14 corresponding Datacomm component part numbers, each of which required a
separate unit price. The RFP provided that all system components would be
purchased from one offeror, since different equipment items from different
manufacturers use unique and proprietary interfacing language--or software--to
operate as a system.
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