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B-410752.3,B-410752.4,B-410752.5 1 (2015-09-03)

handle is hein.gao/gaobadrll0001 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.
         D e  c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   LCPtracker, Inc.; eMars, Inc.

         File:        B-410752.3; B-410752.4; B-410752.5

         Date:        September 3, 2015

         Jacobson, Esq., and Colleen Downes, Esq., Jacobson & Associates, for
         LCPtracker, Inc.; and Lawrence P. Block, Esq., and Elizabeth Leavy, Esq., Reed
         Smith LLP, for eMars, Inc., the protesters.
         Stuart B. Nibley, Esq., and Amy M. Conant, Esq., K&L Gates LLP, for Elation
         Systems, Inc., an intervenor.
         Margaret R. Baldwin, Esq., Department of Housing and Urban Development, for the
         agency.
         Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Awardee's receipt of benefits flowing from contract performance, including
         greater visibility, access to an expanded customer base, and reduction of marketing
         costs, constitutes sufficient consideration to support the award of a no-cost contract.

         2. Allegation that agency engaged in disparate treatment by permitting only the
         awardee to submit a no-cost quotation is denied where agency provided the same
         information to all of the competing vendors and any vendor could have submitted a
         no-cost quotation.

         3. Protest that U.S. Small Business Administration (SBA) improperly issued
         certificate of competency for awardee is denied where record indicates the
         procuring agency provided all reasonably relevant information to the SBA.

         4. Protest asserting that awardee will not comply with solicitation requirement for a
         web-based system is a matter of contract administration which we will not consider.
         DECISION

         LCPtracker, Inc., of Orange, California, and eMars, Inc., of Scottsdale, Arizona,
         protest the Department of Housing and Urban Development's (HUD) award of a
         no-cost contract to Elation Systems, Inc., of Pleasanton, California, pursuant to

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