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B-290665 1 (2002-09-17)

handle is hein.gao/gaobadivz0001 and id is 1 raw text is: I SG A 0 Comptroller General - -Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: REEP, Inc. File: B-290665 Date: September 17, 2002 Gilbert J. Ginsberg, Esq., for the protester. Lt. Col. Daniel K. Poling, Department of the Army, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against agency's issuance of delivery orders under Federal Supply Schedule (FSS) is sustained, where agency issued orders to firm that was only vendor on one schedule within the FSS, identical services were available at lower price from protester and other vendors on another schedule within the FSS , and agency had knowledge that the services were available under the second schedule; since agency must review information reasonably available before awarding FSS delivery orders, it could not make award without reviewing vendors' prices on second schedule. DECISION REEP, Inc. protests the Department of the Army's issuance of delivery order Nos. DAKF23-02-F-5215 and DAKF23-02-F-5315 to Worldwide Language Resources, Inc. under that firm's Federal Supply Schedule (FSS) contract in connection with its acquisition of language training services for the 5th Special Forces Group (SFG). The protester maintains that the agency improperly issued these delivery orders on a sole-source basis to Worldwide, even though REEP could have provided the same services under its FSS contract at a lower price. We sustain the protest. The 5t SFG has an ongoing requirement for language training services and has been meeting its need through the award of delivery orders under the FSS. Worldwide had been performing these services under a prior 1-year delivery order awarded in March 2001 and due to expire on March 15, 2002. On March 4, 2002, the agency issued request for quotations (RFQ) No. DAKF-23-02-Q-0040 (RFQ 0040) in an effort to meet its requirement for language training services. REEP filed a protest in our

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