A firm protested a Federal Supply Service (FSS) brand-name-or-equal solicitation for five types of soft-face, compo-cast hand hammers, contending that: (1) the hammers were proprietary to the brand-name manufacturer; (2) FSS received bids exclusively from the brand-name manufacturer's suppliers; and (3) its prices were lower than those of the bidders supplying the brand-name hammers. GAO noted tha...

WHERE THE MAJORITY OF THE USER AGENCIES WHO RESPONDED TO GSA'S USER SURVEY HAVE ESTABLISHED THAT THIS RESTRICTION IS NECESSARY. NUPLA CONTENDS THAT ALL FIVE HAMMERS ARE PROPRIETARY TO STANLEY. NUPLA ASSERTS THAT ALL BIDS RECEIVED ON THE IFB WERE FROM STANLEY SUPPLIERS. NUPLA FURTHER CONTENDS THAT ITS PRICES ARE LESS THAN THE STANLEY SUPPLIERS' BID PRICES. NUPLA CONTENDS THAT THIS IS AN UNREASONABL...