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B-270893 1 (1996-05-09)

handle is hein.gao/gaocrptaebr0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Avon Inflatables File: B-270893 Date: May 9, 1996 James H. Falk, Sr., Esq., John M. Falk, Esq., and Robert K. Tompkins, Esq., The Falk Law Firm, for the protester. Lucia E. Casale, Esq., Klimek, Kolodney & Casale, P.C., for Zodiac of North America, an intervenor. Richard P. Castiglia, Jr., Esq., and Martin F. McAlwee, Esq., Department of the Air Force, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against rejection of quotation of an equal boat under brand name or equal solicitation for inflatable rescue boats is denied where protester fails to establish that quoted boat's deviation from solicitation's salient characteristics was a minor deviation that did not affect the ability of the nonconforming product to meet the agency's actual functional needs. DECISION Avon Inflatables protests the award of a contract to Zodiac of North America under request for quotations (RFQ) No. F08650-95-R-A253, issued by the Department of the Air Force on a brand name or equal basis for inflatable rescue boats for use in the astronaut recovery program. Avon argues that the Air Force improperly rejected its low-priced quotation based on immaterial deviations from the stated salient characteristics. We deny the protest. As amended, the RFQ requested quotations to furnish six Zodiac model No. F470U inflatable rescue boats, or equal. The RFP listed 14 salient characteristics that the boats must meet and required quoters to submit descriptive literature with their quotations. Avon's quotation was rejected as unacceptable on the basis that the proposed Avon rescue boat failed to comply with five of the listed salient characteristics, including 50259

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