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B-283693 1 (1999-12-27)

handle is hein.gao/gaocrptajnc0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                  of the United States
United States General Accounting Office           DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                             The decision issued on the date below was subject to a
                                                 GAO Protective Order. This redacted version has been
                                                 approved for public release.

         Decision

         Matter of: SBC Federal Systems

         File:       B-283693; B-283693.2

         Date:       December 27, 1999


         James J. Regan, Esq., John E. McCarthy, Jr., Esq., and Daniel R. Forman, Esq.,
         Crowell & Moring, for the protester.
         Judith Ward Mattox, Esq., for TennMark Telecommunications, Inc., an intervenor.
         Phillipa L. Anderson, Esq., and Dennis Foley, Esq., Department of Veterans Affairs,
         for the agency.
         Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Although contracting agency may have improperly performed a price/technical
         tradeoff between proposals in violation of the solicitation's evaluation scheme, the
         protester was not prejudiced by the improper tradeoff decision where the record
         shows that agency reasonably concluded that protester's proposal was technically
         unacceptable.
         DECISION

         SBC Federal Systems protests the issuance of a task order to TennMark
         Telecommunications, Inc. by the Department of Veterans Affairs (VA), made
         pursuant to a task order proposal request, No. VHA-014(VISN 18), issued to all Nortel
         Authorized General Services Administration (GSA) Schedule representatives listed
         on GSA Schedule No. GS-35F-1130D. The agency is purchasing replacement
         telephone systems for VA Medical Centers in Big Spring, Texas, and Prescott,
         Arizona. SBC argues that the agency improperly conducted a price/technical
         tradeoff between its and Tennmark's proposals in violation of the task order
         request's stated evaluation scheme.

         We deny the protest.

         As discussed in greater detail below, this protest turns ultimately on prejudice. The
         solicitation here did not anticipate an evaluation of the relative technical merits of
         the systems offered, as the VA is purchasing commercially-available Nortel telephone

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