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B-271136 1 (1996-05-17)

handle is hein.gao/gaocrptaeda0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Monroe Systems for Business, Inc. File: B-271136 Date: May 17, 1996 Jerome Snyder for the protester. Paul Grabelle, Esq., and Philip Kauffman, Esq., Department of Veterans Affairs, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where contracting officer failed to seek clarification of warranty provision in protester's Federal Supply Schedule contract for photocopying equipment, and most reasonable interpretation of clause is that warranty extends to equipment acquired under lease to ownership plan (LTOP), protest against agency's price evaluation, which failed to give the protester credit for its warranty in an LTOP acquisition, is sustained since agency did not select vendor meeting its needs at the lowest overall cost. DECISION Monroe Systems for Business, Inc. protests the decision by the Department of Veterans Affairs (VA) to award a lease for nine photocopiers for use at the VA Medical Center in Long Beach, California, to Edgemont Business Systems, a Sharp Electronics Corporation dealer. Monroe contends that its overall price for the photocopying equipment and associated maintenance is lower than Edgemont's and that it therefore should receive the award. We sustain the protest. After deciding to replace the nine photocopiers on a lease to ownership plan (LTOP) basis--under the terms of which title and ownership of the equipment is transferred to the government without any additional payment at the conclusion of the specified lease period (in this case, 36 months)--the contracting officer 953520

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