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B-282167 1 (1999-06-10)

handle is hein.gao/gaocrptajiy0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                  of the United States
United States General Accounting 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.

         Decision


         Matter of: S&KElectronics

         File:       B-282167

         Date:       June 10, 1999


         Pamela J. Mazza, Esq., and Antonio R. Franco, Esq., Piliero, Mazza & Pargament, for
         the protester.
         Marc Rigrodsky, Esq., Department of Treasury, Roger D. Waldron, Esq., General
         Services Administration, and Kenneth W. Dodds, Esq., Small Business
         Administration, for the agencies.
         David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         1. Decision whether to place procurement under 8(a) program is not subject to
         General Accounting Office review where there is no showing of possible bad faith on
         the part of government officials or that regulations may have been violated.

         2. Protest by 8(a) firm alleging improper bundling of desktop computing
         requirements under General Services Administration's Seat Management Services
         Program is denied where record shows Seat Management contracts reflect
         qualitatively different approach from earlier acquisitions and agency reasonably
         anticipated substantial technical benefits from use of Seat Management contract to
         acquire broad range of computing requirements under one contract.

         DECISION

         S&K Electronics (SEE) protests the Department of the Treasury's determination to
         acquire information technology (IT) technical support services--previously furnished
         by a section 8(a) contractor--as part of a package of IT services, hardware and
         software under the General Services Administration's (GSA) Seat Management
         Services Program. SEE asserts that this approach violates Treasury's procurement
         regulations with respect to section 8(a) contracts and constitutes improper contract
         bundling.


We deny the protest.

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