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B-408342 1 (2013-08-22)

handle is hein.gao/gaobadpsl0001 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:  Persistent and Determinant Technologies LLC

         File:       B-408342

         Date:       August 22, 2013

         Charles M. Vinson, for the protester.
         Nicole Decker, Esq., Defense Logistics Agency, for the agency.
         Matthew T. Crosby, Esq., Pedro E. Briones, Esq., and Sharon L. Larkin, Esq., Office
         of the General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest that brand name or equal requirement in solicitation for printers is overly
         restrictive is denied where record shows that brand name or equal product is
         needed to ensure rapid printing capability for agency worldwide distribution system.
         DECISION

         Persistent and Determinant Technologies LLC (PDT) of Liberty, North Carolina,
         protests the terms of request for proposals (RFP) No. SP3300-12-R-0043, issued
         by the Defense Logistics Agency (DLA) for printers. Specifically, PDT contends that
         the agency's requirement for Kyocera or equal printers that use PRESCRIBE
         software unduly restricts competition.

         We deny the protest.

         The RFP seeks brand name Kyocera printers or equal (as well as components such
         as toner and maintenance kits) that conform to a list of salient characteristics,
         including, as relevant here, that the devices be able to print barcodes using
         Kyocera's PRESCRIBE printer software language.' RFP at 3; Statement of Work
         (SOW) at 3; RFP amend. 1, attach. 2, Salient Characteristics, at 2, 10, 18, 26, 35,
         44, 52, 61; amend. 3, at 4. The solicitation advises that DLA only uses

         1 The solicitation was issued on April 22, 2013, as a set-aside for small business
         concerns and provides for award of a fixed-price requirements contract for a base
         year and 2 option years. RFP at 1, 3, 125; Agency Report (AR) at 3.

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