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B-414179 1 (2017-02-23)

handle is hein.gao/gaobadtdh0001 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:  Glem Gas S.p.A.

          File:       B-414179

          Date:       February 23, 2017

          Dr. Matteo Zappile, USCOMED Consulting Services, for the protester.
          Eva Escalante, Esq., and Robert Kois, Esq., Department of the Navy, for the
          agency.
          Pedro E. Briones, Esq., and Peter H. Tran, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest of the issuance of an order under a brand name or equal procurement
          is denied where the protester has not demonstrated that it was competitively
          prejudiced by the agency's waiver of the solicitation's salient characteristics by
          selecting the awardee's similar product.
          DECISION

          Glem Gas S.p.A., of San Cesario sul Panaro, Italy, protests the issuance of a
          purchase order to Gaeta Ship Supply SRL (Gaeta), of Gaeta, Italy, under request
          for quotations (RFQ) No. N68171-17-T-2003, issued by the Department of the
          Navy, Naval Supply Systems Command, for stoves. Glem Gas contends that the
          Navy improperly waived the RFQ's salient characteristics by selecting the
          awardee's non-conforming product.

          We deny the protest.

          BACKGROUND

          The RFQ was issued under Federal Acquisition Regulation (FAR) part 12,
          Acquisition of Commercial Items, and part 13, Simplified Acquisition Procedures,
          to procure, on a brand name or equal basis, 270 gas stoves for base housing at
          U.S. Naval Air Station Sigonella, Italy. RFQ amend. 1, at 1-10; Mem. of Law (MOL)
          at 1; Contracting Officer's Statement (COS)   1. The RFQ identified a stove model
          manufactured by Glem Gas as the brand name appliance, and listed several salient
          characteristics that had to be satisfied by any other stove offered as equal to the

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