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B-258655 1 (1995-02-10)

handle is hein.gao/gaobadofc0001 and id is 1 raw text is: Comptroller General 1141132 of the United States Washington, D.C. 20548 Decision Matter of: Innovative Refrigeration Concepts File: B-258655 Date: February 10, 1995 Richard D. Lieberman, Esq., Sullivan & Worcester, for the protester. Gregory H. Petkoff, Esq., and Russell K. Pippin, Esq., Department of the Air Force, Office of the General Counsel, for the agency. Adam Vodraska, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester was not required to protest prior to bid opening on an unambiguous brand name or equal invitation for bids for a chiller, which was set aside for small businesses offering small business products and which specified a large business product as the brand name, where the protester asserts that it was entitled to the award as the low bidder offering an equal product manufactured by a small business. 2. Under a small business set-aside, an agency improperly awarded a contract for a brand name or equal product to the low bidder offering an equal product of a large business; only a bid offering the equal product of a small business is responsive. DECISION Innovative Refrigeration Concepts (IRC) protests the award of a contract for a chiller to R&K International Co. under invitation for bids (IFB) F28609-94-B-0030, issued by the Department of the Air Force, McGuire Air Force Base, New Jersey. IRC contends that R&K's bid was nonresponsive because it proposed to furnish the product of a large business in violation of the small business set-aside provisions of the IFB.

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