Protest Alleging Brand Name Specifications Adversely Impact Small Business Firms

A minority controlled small business enterprise protested an invitation for bids issued by Tooele Army Depot. The protester objected to the specifications and their impact on small business firms. The central issue was the objection to the specification of several brand name components which prevented the protester from bidding as a general contractor. The specification of brand name components was proper because of the need for standardization of ammunition-related equipment. The Army did not overstate its minimum needs in specifying brand name components. Therefore, this procurement did not unduly restrict competition. The remainder of the protester's contentions dealt with matters related to small business set-asides and minority business concerns. The fact that no minority businesses submitted bids confirmed the belief that minority firms were not available to satisfy the Government's requirements as specified. Furthermore, the agency's decision to procure on a package basis was reasonable. Aside from suggesting that small business would be better served by multiple contracts, the protester did not offer any information which warranted questioning the agency's judgment. The protest was denied.