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B-416896 1 (2019-01-07)

handle is hein.gao/gaobadvnf0001 and id is 1 raw text is: 



G&O U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States
                                          .......................................................................................................................
                                             DOCUMENT FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   The Lioce Group

File:        B-416896

Date:        January 7, 2019

Jerome S. Gabig, Esq., Wilmer & Lee, PA, for the protester.
Barry F. Smith, Esq., National Labor Relations Board, for the agency.
Evan C. Williams, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest that agency misevaluated protester's quotation is sustained where the agency
improperly found the protester's quotation technically unacceptable based upon an
unreasonable interpretation of the solicitation.
DECISION

The Lioce Group (Lioce), a small business, of Huntsville, Alabama, protests the
issuance of a task order to Xerox Corporation (Xerox) of Washington, D.C., under
request for quotations (RFQ) No. 1285287, which was issued by the National Labor
Relations Board (NLRB) for the lease and maintenance of copier devices. The
protester challenges the agency's determination that its quotation was technically
unacceptable, contending the agency's evaluation was unreasonable and inconsistent
with the terms of the RFQ.

We sustain the protest.

BACKGROUND

On May 3, 2018, the agency posted the RFQ on the General Services Administration's
(GSA) e-Buy system, to vendors holding special item number (SIN), 51 58A, operating
lease plan for copiers, under GSA Federal Supply Schedule (FSS) No. 36-office,
imaging and document solutions. Contracting Officer Statement (COS) at 3; RFQ at 1,
13. The RFQ, issued pursuant to the procedures of Federal Acquisition Regulation
(FAR) § 8.405-2, contemplated the issuance of a fixed-price task order for the lease and

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