[Protest of Rejection of Bid as Nonresponsive]

A firm protested the rejection of its bid as nonresponsive under an invitation for bids (IFB) issued by the Army on a brand name or equal basis for a stand-up forklift. The IFB stated that any bidder offering other than the brand name product must furnish, as part of its bid, all descriptive data necessary for the Army to determine whether the product conformed to the salient characteristics of the IFB. The protester contended that it submitted descriptive literature indicating that the equipment was equal to the brand name product in all respects. The protester offered a forklift that was a modification of a smaller model and submitted literature for the smaller model annotated with pen and ink changes. GAO held that, to be responsive to a brand name or equal solicitation, a bid offering an alternative product must contain sufficient descriptive material to permit the contracting agency to assess the alternative's salient characteristics and that it is the offerer's responsibility to prove that its product meets those characteristics. After reviewing the protester's descriptive literature, GAO found no reason to dispute the Army's determination of nonresponsiveness. Accordingly, the protest was denied.