Daniel Technology, Inc., B-288853, December 13, 2001

B-288853 Dec 13, 2001 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest of purchase order for modified recorders from a vendor that allegedly cannot provide products manufactured by protester is denied where solicitation did not require that product be manufactured by protester. Where agency otherwise reasonably determined that the vendor's quoted product was technically acceptable based upon the vendor's quotation of the same product number that was referenced in the solicitation with supporting product literature that adequately demonstrated product's compliance with the solicitation's limited performance specifications. The RFQ was issued on August 14. Is not mentioned in any way in the RFQ. Certain product numbers were referenced in the RFQ's product description along with limited performance specifications (e.g. View Decision Daniel Technology, Inc., B-288853, December 13, 2001 DIGEST Attorneys DECISION Daniel Technology, Inc. protests the issuance of a purchase order to Saul Mineroff Electronics, Inc. under request for quotations (RFQ) No. N00600-01-Q-6754, issued by the Department of the Navy for modified Sony MiniDisc recorders and related accessories. Daniel contends that, since the RFQ sought quotations for a modified recorder and accessories manufactured and distributed exclusively by Daniel, and, since Daniel does not intend to supply its manufactured units to Mineroff, Mineroff's quotation must be rejected as technically unacceptable. We deny the protest. The RFQ was issued on August 14, 2001 under simplified acquisition procedures for 100 modified Sony MiniDisc recorders, including related accessories, to be used in covert recording operations (such as during criminal investigations or informant interviews). The limited product specifications provided in the RFQ did not name "Daniel" as a required brand name; the Daniel name, in fact, is not mentioned in any way in the RFQ. Rather, certain product numbers were referenced in the RFQ's product description along with limited performance specifications (e.g., calling for compatibility with a referenced remote control, or for leads of a specified length). RFQ at 2. The referenced product numbers are substantially similar to (and some are identical to) product numbers Daniel states it has used to identify its own products. /1/ The RFQ did not state that a brand name, or brand name or equal, acquisition was contemplated; no product testing or sampling requirements were specified; no technical data package or drawings were requested; and vendors were not asked to demonstrate technical equality, interchangeability, or compatibility with any other modified recorder system. /2/ Rather, the RFQ requested quotations together with "[p]roduct information showing that proposed MiniDisc [recorders] meet Government requirements." Id. at 17. In this regard, as stated above, there were only limited technical performance requirements included in the RFQ; they were broadly stated in the product description contained in the RFQ's pricing schedule, as follows: Sony [MiniDisc] recorder system model MZR-900/D-1400 . . . [includes]: MZ-R900/D [modified] recorder, NLS-2/MZ9 remote control switch (capable of accepting AER-16-16NT wireless remote), EM-8/NT [stereo] microphone pair with 4 ft length leads (capable of accepting STM W-9 [directed] mounted microphone), BH-M body holster and SX-30 amplified loudspeaker (pair), [enclosed] in P-14 Pelican Waterproof storage case. SPECIFICATIONS: records in stereo & mono, 2X stereo and 4X stereo modes, all programming modes shall be performed from the functional standard keyboard, recorder should utilize industry standard adtrac-4 compression scheme, all modifications shall be reversible to allow for [Sony] manufacturer [warranty] service. Id. at 2. A purchase order was to be issued to the vendor whose quotation, conforming to the solicitation, was considered most advantageous to the government considering, as equally weighted factors, the price and technical ability of the quoted item to meet the government's requirements. Id. at 17. Mineroff and Daniel submitted the only two quotations received by the scheduled August 17 closing date. Mineroff submitted the low quote of $558 per unit (for an extended price of $55,800 for the 100 units); Daniel submitted a quote for $668.75 per unit (for an extended price of $66,875). Both vendors' quotations included a copy of identical product literature describing enhancements to the Sony product in order to meet the RFQ's performance requirements; the only difference in the specification pages was the individual vendor's name and address affixed to each page. Finding that both quotations' product sheets described products meeting the RFQ's performance requirements and referenced the exact product numbers referenced in the RFQ, the agency found both quotations technically acceptable.