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B-266201 1 (1996-01-24)

handle is hein.gao/gaocrptaduo0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: ACR Electronics, Inc. File: B-266201 Date: January 24, 1996 Theodore M. Bailey, Esq., for the protester. E. Sanderson Hoe, Esq., McKenna & Cuneo, for Alden Electronics, Inc., an interested party. Daniel A. Laguaite, Esq., Department of the Navy, for the agency. Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Under brand name or equal procurement, the contracting agency enjoys a degree of discretion in determining whether an offeror has provided sufficient information to show that the offeror's product is acceptable; the General Accounting Office will not disturb such a determination unless it is unreasonable. 2. Offer of equal product under brand name or equal solicitation was properly rejected where the technical information available to the contracting agency failed to demonstrate compliance of the equal product with all of the salient characteristics set forth in the solicitation, and the technical information supplied by the protester after filing its protest demonstrates that the protester's proposed product fails to meet the solicitation requirements. 3. Agency properly made award based upon initial proposals without conducting discussions where the request for proposals advised offerors that the agency intended to award the contract on the basis of initial proposals, and the agency reasonably determined that discussions were unnecessary. DECISION ACR Electronics, Inc. protests the award of a contract to Alden Electronics, Inc. under request for proposals (RFP) No. N00421-95-R-5044, issued by the Department of the Navy for Emergency Position Indicating Radio Beacons (EPIRBs) to replace obsolete emergency radios at the Naval Air Warfare Center, Aircraft Division, St. Inigoes, Maryland. ACR argues that the agency's evaluation of its proposal was unreasonable and that the agency improperly made award on the basis of initial proposals without conducting discussions. We deny the protest. 1110123

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