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B-283804.2 1 (2000-01-24)

handle is hein.gao/gaocrptakyj0001 and id is 1 raw text is: 



                   -e GeAtOa
 E                                                              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: ViON Corporation

         File:      B-283804.2

         Date:      January 24, 2000


         David R. Hazelton, Esq., and Ross M. Guberman. Esq., Latham & Watkins, for the
         protester.
         Jay P. Urwitz., Esq., Barry J. Hurewitz, Esq., and Karen Lowy Tinsky, Esq., Hale &
         Dorr, for EMC Corporation, an intervenor.
         Lisa J. Obayashi, Esq., Patent and Trademark Office, Department of Commerce, for
         the agency.
         Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         1. Protest that agency improperly issued federal supply schedule delivery order to
         other than the lowest overall cost alternative vendor is denied where record shows
         that, in fact, award was made to the low-cost vendor; protester's assertions regarding
         evaluation of quoted prices are simply incorrect.

         2. Agency's obtaining information from one vendor concerning purchase from
         Federal Supply Schedule without seeking similar information from other vendors
         was unobjectionable; such information-gathering efforts need not be equal among
         vendors.
         DECISION

         ViON Corporation protests the issuance of a delivery order by the Department of
         Commerce, Patent and Trademark Office (PTO), to EMC Corporation under federal
         supply schedule (FSS) contract No. GS-35F-5177H, for a quantity of data storage
         devices. ViON asserts that PTO violated various procurement statutes and
         regulations.


We deny the protest.

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