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B-401773 1 (2009-11-10)

handle is hein.gao/gaobadbbc0001 and id is 1 raw text is: 




         G     A    O                                                Comptroller General
KWn ,  Accountability * Integrity * Reliability                       of the United States
United States Government Accountability Office
Washington, DC 20548


             D   ..
          Decision


          Matter of:  Science Applications International Corporation

          File:       B-401773

          Date:       November  10, 2009

          James J. McCullough, Esq., and Steven A. Alerding, Esq., Fried Frank Harris Shriver
          & Jacobson, LLP, for the protester.
          Daniel R. Forman, Esq., and Jonathan M. Baker, Esq., Crowell & Moring, for
          Rapiscan, Inc., an intervenor.
          Dennis J. Gallagher, Esq., Department of State, for the agency.
          Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Where solicitation limited competition to vendors holding Federal Supply Schedule
          contract for required items, issuance of purchase order with items not included on
          successful vendor's FSS contract was improper.

          DECISION

          Science Applications International Corporation (SAIC), of San Diego, California,
          protests the Department of State's issuance of a purchase order to Rapiscan, Inc.
          under request for quotations (RFQ) No. S-WHARC-09-Q-0030, issued to vendors
          holding General Service Administration (GSA) Federal Supply Schedule (FSS)
          contracts for gamma ray vehicle and cargo inspection systems. SAIC asserts that
          Rapiscan should not have received the order because certain of the required items
          were not included under its FSS contract.

          We sustain the protest.

          The RFQ was open to manufacturers under GSA FSS 84, category 426-4K, Metal and
          Bomb  Detection Equipment, and required vendors to include their FSS contract
          number in their quotations. RFQ § D; Agency Report (AR) at 3. The RFQ included
          eight line items to be priced by vendors. The agency issued the order to Rapiscan
          based on its lowest-priced, technically acceptable quotation. SAIC asserts that the

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