[Protest of Army Refusal To Accept Other Than Brand Name Sources]

B-211900: Dec 30, 1983

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A firm protested an Army contracting officer's refusal to accept any item sources other than those supplied by the brand name manufacturer listed in the solicitation. The protester contended that: (1) the manufacturer's refusal to furnish the listed items to other bidders created an improper sole-source solicitation; and (2) the Army's determination to solicit the manufacturer's items was unjustifiable. GAO held that whether a manufacturer furnishes its product to other bidders is not a matter for consideration under the GAO protest function. GAO also held that the protester provided no evidence to support its argument against the Army's determination to use the manufacturer's product. Further, the record clearly showed that the product reasonably met the Army's requirements. Accordingly, the protest was denied in part and dismissed in part.

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