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B-408196 1 (2013-07-22)

handle is hein.gao/gaobadpqe0001 and id is 1 raw text is: 




        G     A    O                                                 Comptroller General
      AccountabilIty * Integrity * Reliability            of the United States
United States Government Accountability Office
Washington, DC 20548



         Decision


         Matter of: Desktop Alert, Inc.

         File:       B-408196

         Date:       July 22, 2013

         Howard Ryan, Desktop Alert, Inc., for the protester.
         Clayton S. Marsh, Esq., Reliable Government Solutions, Inc., for the intervenor.
         Michael E. Sainsbury, Esq., Department of Defense, Defense Contract
         Management Agency, for the agency.
         Heather Weiner, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Solicitation for an emergency mass notification system, telephony and training that
         was limited on a brand name basis is overly restrictive where the agency fails to
         demonstrate a reasonable basis for the brand name restriction.
         DECISION

         Desktop Alert, Inc., of Chatham, New Jersey, protests the terms of request for
         quotations (RFQ) No. S5121A-1 3-Q-001 3, issued by the Department of Defense
         (DOD), Defense Contract Management Agency (DCMA) under the Federal Supply
         Schedule (FSS) procedures of Federal Acquisition Regulation (FAR) subpart 8.4 for
         emergency mass notification software, products and services. The protester
         asserts that the solicitation, which limits the competition to brand name items, is
         unduly restrictive of competition.

         We sustain the protest.

         BACKGROUND

         In 2009, DOD issued DOD Instruction 6055.17, DOD Installation Emergency
         Management Program (Jan. 13, 2009), which requires defense agencies to
         maintain a mass warning and notification capability to warn immediately all
         personnel if there is a dangerous incident or condition in the workplace. To meet
         this requirement, DCMA awarded a Small Business Administration 8(a) set-aside
         contract on April 11, 2009, to Reliable Government Solutions, Inc., of Silver Spring,

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