Protest of Agency Decision To Lease Equipment From Another Firm

B-195627: Mar 6, 1980

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A business products firm protested an agency decision to lease a central dictating system from another firm, contending that it could supply a system to meet the agency's needs at a lower price. The procurement requirements included an "endless loop" configuration and a direct access feature. Only two vendors offered "endless loop" configurations. Since the protester's proposed sysem did not provide a direct access feature, the award was made to the other firm. The protester stated that it was not aware of the direct access specification when it made its presentation to the agency; the agency contended that it had clearly advised the protester of the direct access criterion. Where the only evidence on an issue is conflicting statements by a protester and the contracting agency, the protester has the burden to affirmatively prove its case. In this case, that burden was not met. Therefore, the protest was denied.

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