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B-278141 1 (1998-01-02)

handle is hein.gao/gaocrptahnb0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: CairnsAir, Inc. File: B-278141 Date: January 2, 1998 Christopher E. Coombs for the protester. Col. Nicolas P. Retson, Capt. Thomas C. Modeszto, and Mike Lonsberry, Esq., Department of the Army, for the agency. Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Solicitation requirement for brand name equipment and parts is not unduly restrictive of competition where record establishes that the requirement reasonably reflects the need for compatibility of the various components with each other and with the existing inventory. DECISION CairnsAir, Inc. protests the terms of request for quotations (RFQ) No. DABT01-97-T- 0325, issued by the Department of the Army for self-contained breathing apparatus (SCBA), face pieces and haz-mat uniforms. The protester asserts that the RFQ's requirement for a brand name SCBA is unduly restrictive of competition. We deny the protest. The RFQ required that the equipment be manufactured by Survivair, Inc. and provided that no substitution would be accepted. The requirement was for 70 SCBAs (consisting of both the air pack and face piece), 70 additional face pieces and 6 haz-mat uniforms. The procurement was announced in the Commerce Business Daily and also advertised on the Electronic Data Interchange. A total of 22 vendors offering the required model responded by the original September 17 due date. In a written justification for other than full and open competition issued by the agency in support of requiring the Survivair SCBA,1 and in the agency report 'In its comments to the agency report submitted in response to the protest, the protester contends that the agency failed to properly execute approval of the justification at a level above the contracting officer. However, Federal Acquisition (continued...)

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