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B-405395 1 (2011-10-25)

handle is hein.gao/gaobadohp0001 and id is 1 raw text is: 

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 G              A     0                                                Comptroller General
.Accountabiity * Integrity * Reliability                                of the United States
  United States Government Accountability Office
  Washington, DC 20548



           Decision


           Matter of: OnSite Sterilization, LLC

           File:       B-405395

           Date:       October 25, 2011

           Al Koehler, for the protester.
           Kevin L. Pearson, Esq., Department of Veterans Affairs, for the agency.
           Jacqueline Maeder, Esq., and David A. Ashen, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Under brand name or equal solicitation, protester's quotation was properly rejected
           where the product quoted as equal to the brand name failed to satisfy salient
           characteristics set out in the solicitation.
           DECISION

           OnSite Sterilization, LLC, of Pottstown, Pennsylvania, protests the award of a
           contract to San-I-Pak Pacific, of Tracy, California, under request for quotations
           (RFQ) No. VA-246-1 1-RQ-0298, issued by the Department of Veterans Affairs (VA) on
           a brand name or equal basis to acquire a medical waste compactor for the Hunter
           Holmes McGuire Veterans Affairs Center in Richmond, Virginia. The protester
           asserts that the VA improperly evaluated its proposal.

           We deny the protest.

           The solicitation, issued as a small-business set-aside on May 25, 2011, specified that
           vendors were to provide a San-I-Pak Model Mark V 11-N, Sterilizer/Compactor, or
           equal, and listed 10 salient characteristics that had to be satisfied by any product
           offered as equal to the brand name.' The salient characteristics required, among


           'The RFQ contained the Brand Name or Equal clause at Federal Acquisition
           Regulation (FAR) § 52.211-6, which advises vendors that, to be considered for award,
           offers of equal products must meet the salient physical, functional, or performance
           characteristics specified in the solicitation. RFQ at 29-30.

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