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B-278343 1 (1998-01-20)

handle is hein.gao/gaocrptahoa0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548

             Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                                    The decision issued on the date below was subject to a I
                                                    GAO Protective Order. This redacted version has been
                                                    approved for public release.



             Matter of: COMARK Federal Systems

             File:       B-278343; B-278343.2

             Date:       January 20, 1998

             Joseph P. Hornyak, Esq., Sonnenschein Nath & Rosenthal, for the protester.
             Keith L. Baker, Esq., and Jeffrey E. Weinstein, Esq., Eckert Seamans Cherin &
             Mellott, LLC, for Sytel, Inc., an intervenor.
             Kenneth E. Patton, Esq., and Ada E. Bosque, Esq., Department of Health and Human
             Services, for the agency.
             Andrew T. Pogany, Esq., and John M. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Under request for quotations which asked vendors to identify a configuration of
             computer systems and related hardware and services on Federal Supply Schedule,
             where agency intended to conduct a technical evaluation and cost/technical
             trade-off, agency improperly failed to advise vendors of the basis for selection.
             DECISION

             COMA.RK Federal Systems protests the issuance of a delivery order to Sytel, Inc.
             under request for quotations (RFQ) No. 0008, issued by the Health Care Financing
             Administration, Department of Health and Human Services, for computer desktop
             workstations. COMARK principally argues that the agency improperly failed to
             advise vendors of the agency's actual needs and evaluated quotations in a manner
             that was inconsistent with the solicitation.

             We sustain the protest.

             BACKGROUND

             In June 1997, the agency announced that it would issue multiple blanket purchase
             agreements (BPAs) covering a variety of computer hardware, software, associated
             equipment and services pursuant to the General Services Administration (GSA)
             Federal Supply Schedule (FSS). The agency tentatively identified six vendors to
             receive for review BPA packages, which included, among other things, a sample
             personal computer specification, a document entitled BPA Evaluation Requirements
             Criteria, and the agency's terms and conditions for future delivery orders to be

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