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B-403435 1 (2010-11-08)

handle is hein.gao/gaobadboy0001 and id is 1 raw text is: 




         G     A    O                                                 Comptroller General
       Accountability * Integrity * Reliability                        of the United States
United States Government Accountability 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:  NCS  Technologies, Inc.

          File:       B-403435

          Date:       November   8, 2010

          Thomas  K. David, Esq., and Kenneth D. Brody, Esq., David, Brody & Dondershine,
          LLP, for the protester.
          Diane Foose, Esq., Department of Homeland Security, for the agency.
          Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Solicitation requirements that computers and monitors be from the same
          manufacturer and use Intel-based microprocessors is overly restrictive where the
          agency fails to demonstrate a reasonable basis for the requirements.
          DECISION

          NCS Technologies, Inc., of Gainesville, Virginia, protests the terms of request for
          quotations (RFQ) No. HSCETE-10-Q-00314, issued by the Department of Homeland
          Security (DHS), Immigration and Customs Enforcement (ICE), for computer
          hardware. NCS  challenges several solicitation provisions as unduly restrictive.

          We sustain the protest.

          BACKGROUND

          The RFQ was  issued to DHS's First Source contract holders and several small
          vendors on the General Services Administration's Federal Supply Schedule (FSS)
          70,' and provided for establishing a blanket purchase agreement with a five-year



          1DHS's First Source program consists of multiple, task order contracts for
          information technology commodities and supplies. Although the RFQ was provided
          to First Source contract holders, the blanket purchase agreement would only be
          issued to a vendor under its FSS 70 contract. RFQ at 56.

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