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![handle is hein.gao/gaocrptafrb0001 and id is 1 raw text is:
oComptroller General
of the United States
Washington, D.C. 20548
Decision DOCUMENT FOR PUBLIC RELEASE
A protected decision was issued on the date below
and was subject to a GAO Protective Order. This
version has been redacted or approved by the parties
involved for public release.
Matter of: Access Logic, Inc.
File: B-274748; B-274748.2
Date: January 3, 1997
Andrew Mohr, Esq., Cohen & White, for the protester.
Russell F. Sauer, Jr., Esq., Latham & Watkins, for EISI, Inc., an intervenor.
Vincent A. Salgado, Esq., and Thomas W. Berndt, Esq., National Aeronautics and
Space Administration, for the agency.
John Van Schaik, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest of rejection of equal products offered in response to a brand name or equal
procurement for commercial items is sustained where rejection was based on
failure of proposal to meet requirements that were not conveyed by the solicitation.
DECISION
Access Logic, Inc. protests the award of a contract to EISI, Inc., under request for
offers (RFO) No. 2-36632(CDT), issued by the National Aeronautics and Space
Administration (NASA), for a 360-degree rear projection display system which will
be used to simulate the outside view from an air traffic control tower.
We sustain the protest.
NASA conducted this procurement under the procedures set forth in Part 12 of the
Federal Acquisition Regulation (FAR), Acquisition of Commercial Items. Pursuant
to FAR § 12.202 (Federal Acquisition Circular (FAC) 90-39), the agency conducted
market research to determine which products would best meet its needs. After
evaluating various projectors and screens during demonstrations held at vendor and
customer sites and an industry convention, pursuant to the streamlined procedures
set forth in FAR Subpart 12.6, and in particular FAR § 12.603, the agency issued the
RFO as a combined synopsis/solicitation. The RFO incorporated FAR § 52.212-1
(FAC 90-39), Instructions to Offerors--Commercial Items, which stated that offers
must show, among other things, [a] technical description of the items being offered
in sufficient detail to evaluate compliance with the requirements of the solicitation.
This may include product literature, or other documents, if necessary. The RFO](ViewImageLocal?handle=hein.gao/gaocrptafrb0001&div=1&collection=&method=preview&ext=.png&size=3)