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B-407086 1 (2012-10-26)

handle is hein.gao/gaobadpcv0001 and id is 1 raw text is: 

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



         Decision


         Matter of: Infoshred LLC

         File:        B-407086

         Date:        October 26, 2012

         James H. Howard, Esq., Phelon, FitzGerald & Wood, P.C., for the protester.
         Jeanne S. Morris, Esq., Department of Veterans Affairs, for the agency.
         Cherie J. Owen, Esq., Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of
         the General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest is sustained where agency rejected awardee's quote for failure to
         acknowledge an amendment that was immaterial and did not impose any legal
         obligations on the contractor in addition to those to which it had already agreed.
         DECISION

         Infoshred LLC, of East Windsor, Connecticut, protests the Department of Veterans
         Affairs (VA) decision to reject its quotation for failure to acknowledge a solicitation
         amendment under request for quotations (RFQ) No. VA-241-12-Q-0541, awarded to
         Shred-it USA, Inc., of Rockville, Maryland for shredding services at VA facilities in
         Connecticut. Infoshred contends that the amendment was immaterial and a failure
         to acknowledge it could not provide the basis for rejection of the firm's proposal.

         We sustain the protest.

         The RFQ, issued on April 19, 2012 via the General Services Administration (GSA)
         e-Buy system to vendors holding GSA Federal Supply Schedule (FSS) contracts,
         contemplates the establishment of a five-year blanket purchase agreement (BPA),
         under which yearly fixed-price task orders for shredding services will be issued.

         On April 26, the VA issued an amended solicitation (Amendment 1) that contained an
         updated statement of work and a list of questions and answers. As relevant here,
         Amendment 1 contained the following question and answer:

               The solicitation says on-site shredding services. Is on-site or off-site
               shredding required?

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