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B-266049 1 (1996-01-26)

handle is hein.gao/gaocrptadty0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision


Matter of: G. H. Harlow Company, Inc.

File:        B-266049

Date:        January 26, 1996

Paul J. Holma, Esq., Bradach Law Offices, for the protester.
Nicholas P. Retson, Esq., and Michael J. O'Farrell, Jr., Esq., Department of the
Army, for the agency.
Christina Sklarew, Esq., John Van Schaik, Esq., and Michael R. Golden, Esq., Office
of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest that salient characteristic for a fire-detection system solicited on a brand
name or equal basis is unduly restrictive of competition is denied where the
contracting agency reasonably determined that the requirement is a necessary safety
feature.
DECISION

G. H. Harlow Company, Inc. protests that certain specifications included in
invitation for bids (IFB) No. DAHA30-95-B-0006, issued by the Departments of the
Army and the Air Force, National Guard Bureau, for a fire-detection system, are
unduly restrictive of competition. In particular, Harlow challenges the method
specified for manually checking the integrity of the system's remote transceivers.

We deny the protest.

The IFB seeks bids for construction of a base-wide fire-detection system for the Air
National Guard Base in Westhampton Beach, New York, including a supplementary
water supply connection and fire alarm detection systems in various buildings. The
portion of the solicitation at issue here involves the installation of a radio-type fire
reporting system. The IFB, as amended, requires the contractor to supply and
install Monaco Enterprises, Inc.'s model D-700 or equal. The IFB describes the
salient characteristics of the brand-name system and lists the installation and
operational standards that must be met.

The type of fire-detection system being procured consists of a central base station
and numerous transceivers located throughout the installation. In the event of a
fire, the transceivers transmit signals to the base station; based on those signals, the
system operator in the central base station is able to identify the location of the
fire. Systems of this type include a means of verifying that the remote transceivers


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