B-214231,B-214270: Jun 25, 1984

A firm protested certain brand name specifications under a Navy solicitation, contending that they were unduly restrictive and that, rather than stating the required performance characteristics, they specified design features exclusive to the brand name. GAO held that the Navy did not adequately justify the use of the brand name specification. Accordingly, the protest was sustained. GAO did not re...

B-214231,B-214270: Jun 25, 1984

THE OVERRIDING CONSIDERATION IN DETERMINING THE EQUALITY OR SIMILARITY OF AN OFFERED PRODUCT TO THE NAMED PRODUCT IS WHETHER THE "EQUAL" PRODUCT PERFORMS THE NEEDED FUNCTION IN A LIKE MANNER AND WITH THE DESIRED RESULTS. NOT NECESSARILY WHETHER CERTAIN DESIGN FEATURES OF THE NAMED PRODUCT ARE PRESENT IN THE "EQUAL" PRODUCT. THE BURDEN IS THEN UPON THE AGENCY TO ESTABLISH PRIMA FACIE SUPPORT FOR TH...