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B-270816 1 (1996-04-29)

handle is hein.gao/gaocrptaebe0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: SMS Systems Maintenance Services, Inc. File: B-270816 Date: April 29, 1996 Leonard Walsh for the protester. Janis P. Rodriguez, Esq., Digital Equipment Corporation, an intervenor. William L. Murphy, Esq., Department of the Treasury, for the agency. Wm. David Hasfurther, Esq., Susan K. McAuliffe, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where both quotations submitted by two firms under a request for quotations for computer equipment maintenance services reasonably required clarification regarding whether the required on-site engineer was being offered as a part of the quoted prices, and where the agency instead effectively rejected protester's quotation (by unreasonably adding a 20-percent cost increase for the on-site engineer to the protester's quotation) without requesting clarification of the matter, but asked the awardee for clarification on its quotation, and then relaxed the on-site engineer requirements for the awardee, the award selection was based on unequal and unfair treatment and the procurement should be reopened to permit clarifications by both firms. DECISION SMS Systems Maintenance Services, Inc. protests the issuance of a delivery order to Digital Equipment Corporation for the maintenance of Digital computer equipment under a request for quotations (RFQ) issued by the Department of the Treasury. SMS principally argues that it submitted the low-priced quotation and that the issuance of the order to Digital was improper. We sustain the protest. By letter of September 26, 1995, the agency issued the RFQ to SMS and Digital. The RFQ stated that only quotations under General Services Administration (GSA) schedule contracts would be considered and that the agency would consider 1224429

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