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B-403366.2 1 (2010-10-28)

handle is hein.gao/gaobadbno0001 and id is 1 raw text is: 


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 A       GA        O                                                  Comptroller General
f. A    Accountabity * Integrity * Reliability                          of the United States
  United States Government Accountability Office
  Washington, DC 20548

              D   ..
          Decision


          Matter  of:  Medfinity, LLC

          File:        B-403366.2

          Date:        October 28, 2010

          Peter Pham  for the protester.
          Maj. James W. Nelson, Department of the Army, for the agency.
          Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel,
          GAO,  participated in the preparation of the decision.
          DIGEST

          Under  brand name or equal solicitation, protester's proposal properly was rejected
          as unacceptable where agency reasonably determined that offered equal product
          failed to satisfy the stated salient characteristics.
          DECISION

          Medfinity, LCC, of Fountain Valley, California, protests the issuance of a purchase
          order to Dexis, LLC, of Des Plaines, Illinois, under request for quotations (RFQ)
          No. W81XWH-10-T-0268,  issued by the Department of the Army, U.S. Army Medical
          Research Acquisition Activity, for dental filmless imaging systems (DFIS). Medfinity
          argues that the agency improperly rejected its lower-priced quotation.

          We  deny the protest.

          The RFQ,  issued June 9, 2010 on a brand name or equal basis, solicited quotations for
          100 DFISs. The solicitation identified the Dexis DX101 system as the brand name
          product, listed salient characteristics that had to be satisfied by any product offered
          as equal to the brand name item, and required that vendors submit descriptive
          literature, such as illustrations or drawings, to demonstrate compliance with those
          characteristics. RFQ at 5; RFQ amend 2, at 2. Equal products were to be evaluated
          on the basis of information furnished by the vendor or identified in the quotation and
          reasonably available to the agency. RFQ at 5. The purchase order was to be issued
          to the vendor submitting the lowest-priced, technically acceptable quotation.

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