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B-284364.2 1 (2000-05-11)

handle is hein.gao/gaocrptalaj0001 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: Delta International, Inc. File: B-284364.2 Date: May 11, 2000 Melvin Rishe, Esq., and Howard Stanislawski, Esq., Sidley & Austin, for the protester. James J. McCullough, Esq., Deneen J. Melander, Esq., and Timothy W. Staley, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Science Applications International Corporation, an intervenor. Frank J. Sando, Esq., Federal Bureau of Investigation, 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 1. When an agency, in making a purchase under the Federal Supply Schedule (FSS), decides not to consider some items because the agency concludes that those items do not meet its needs, the vendor whose items are excluded from consideration may protest the exclusion, and GAO will determine whether the agency had a reasonable basis for determining that the excluded items did not meet its needs. 2. In purchase of portable X-ray systems under the FSS, protest challenging agency's conclusion that only a fully digital system would meet the agency's needs is sustained where record fails to show that agency had a reasonable basis for its conclusion that protester's system, which protester asserts uses a hybrid analog/digital signal, would not meet the agency's needs. DECISION Delta International, Inc. protests the Federal Bureau of Investigation's (FBI) issuance of purchase order No. A9G906190 to Science Applications International Corporation (SAIC) for portable X-ray inspection systems. The purchase order was placed under SAIC's Federal Supply Schedule (FSS) contract. Delta, which also has an FSS contract for portable X-ray inspection systems, argues that the FBI improperly determined that its equipment would not meet the agency's needs. We sustain the protest.

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