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B-401530 1 (2009-09-28)

handle is hein.gao/gaobadazo0001 and id is 1 raw text is: 


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 A       GA       O                                                  Comptroller General
.,u in  Accountability * Integrity * Reliability                      of the United States
  United States Government Accountability Office
  Washington, DC 20548

              D  ..
          Decision


          Matter  of:  TMI Management  Systems, Inc.

          File:        B-401530

          Date:        September 28, 2009

          Terrence M. O'Connor, Esq., Albo & Oblon, LLP, for the protester.
          Wayne  A. Keup, Esq., for Madison Services Inc., an intervenor.
          Audrey H. Liebross, Esq., Department of Homeland Security, for the agency.
          Christina Sklarew, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO,  participated in the preparation of the decision.
          DIGEST

          Agency's misclassification of a procurement for facilities support services on the
          Federal Business Opportunities Internet website under a miscellaneous product
          classification code improperly deprived the protester of an opportunity to respond to
          the agency's solicitation and was not consistent with the agency's obligation to use
          reasonable methods to obtain full and open competition.
          DECISION

          TMI Management   Systems, Inc. of Easton, Pennsylvania, protests request for
          proposals (RFP) No. HSFEHQ-09-R-0046, issued by the Department of Homeland
          Security, Federal Emergency Management Agency (FEMA), for facility support
          services. TMI argues that FEMA's misclassification of the procurement on the
          Federal Business Opportunities (FedBizOpps) website prevented the firm from
          submitting a proposal.

          We  sustain the protest.






          'The FedBizOpps  website, www.fbo.gov, is the government-wide point of entry for
          the electronic publication of notices. Federal Acquisition Regulation (FAR) §§ 2.101,
          5.003, 5.101, 5.201.

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