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B-266180 1 (1996-01-23)

handle is hein.gao/gaocrptaduj0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision


Matter of: Building Systems Contractors, Inc.

File:        B-266180; B-266184

Date:       January 23, 1996

Alberto E. Vidal for the protester.
Frank W. Miller, Esq., and Paul D. Warring, Esq., Department of the Air Force, for
the agency.
Susan K. McAuliffe, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protests alleging that solicitations' requirements for brand name equipment are
unduly restrictive of competition and that agency's decision to bundle its
requirements for equipment and services in the same procurements is improper are
denied where solicitations' stated requirements reasonably reflect the agency's
minimum needs.
DECISION

Building Systems Contractors, Inc. protests the terms of invitation for bids (IFB)
Nos. F49642-95-B-0024 and F49642-95-B-0025, issued by the Department of the Air
Force to replace the heating ventilating and air conditioning (HVAC) system,
lighting system and air-conditioning system of two facilities located at Bolling Air
Force Base (AFB). The protester challenges the IFBs' requirements for a brand
name computerized energy management control system (EMCS) as unduly
restrictive of competition. The protester also contends that consolidating
(bundling) the HVAC system installation services and the acquisition of an EMCS
(which will control the HVAC and lighting systems) in the same procurements is
improper; Building Systems contends that those requirements should be broken out
into separate procurements.

We deny the protests.

The IFBs, as originally issued, required the manufacturer of the EMCS to be Landis
and Gyr Powers, Inc. or an approved equal. Building Systems initially protested
that the or equal language of the IFBs was meaningless since other solicitation
requirements regarding installation and system compatibility specifically required
the Landis EMCS. In response to the protests, the agency reexamined its needs and
the solicitations' terms and deleted, by amendment to the IFBs, the or equal
language. The Air Force determined that since Bolling AFB currently has the


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