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B-406854,B-406854.2 1 (2012-09-17)

handle is hein.gao/gaobadpat0001 and id is 1 raw text is: 




        G     A    O                                                  Comptroller General
      Accountabilty * Integrity * Reliability                          of the United States
United States Government Accountability Office ........................................................................................................................
Unsigt , Stats Gn ADOCUMENT 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.
         D  e c is io n                            ........................................................................................................................


         Matter of:  Verizon Wireless

         File:        B-406854; B-406854.2

         Date:       September 17, 2012

         Paul F. Khoury, Esq., Kevin J. Maynard, Esq., Brian G. Walsh, Esq., Craig Smith,
         Esq., and Nooree Lee, Esq., Wiley Rein LLP, for the protester.
         John E. Cornell, Esq., General Services Administration, for the agency.
         Jonathan L. Kang, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest challenging the terms of a solicitation is timely where the solicitation
         expressly permitted offerors to take exception to its terms, the agency did not
         advise the protester that it could not take exception to certain terms until after the
         receipt of initial quotations, and the protester challenged the disputed terms after
         the agency rejected these exceptions and prior to the subsequent time for the
         receipt of revised quotations.

         2. Protest challenging the terms of a solicitation for commercial products and
         services contemplating the establishment of blanket purchase agreements with
         holders of Federal Supply Schedule contracts is sustained where the record does
         not show that the agency performed adequate market research to demonstrate that
         the terms were consistent with customary commercial practice, as required by the
         rules applicable to commercial item procurements set forth in the Federal
         Acquisition Regulation at Part 12.
         DECISION

         Verizon Wireless,' of Laurel, Maryland, protests the terms of request for quotations
         (RFQ) No. QTA-0-12-PS-B-0006, which was issued by the General Services
         Administration (GSA). The protester argues that the solicitation, which was for

         1 Verizon states that the protest is filed by Cellco Partnership doing business as
         Verizon Wireless.

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