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B-287714.2 1 (2001-12-04)

handle is hein.gao/gaocrptamqs0001 and id is 1 raw text is: 




         G     A     0                                                 Comptroller General
             SIntegrity Reliability                                     of the United States
 ~ccountabthty Inert Rea iy
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: New Technology Management, Inc.

          File:        B-287714.2; B-287714.3; B-287714.4

          Date:        December 4, 2001

          Richard J. Webber, Esq., and Natalie Stoney Walters, Esq., Arent Fox Kintner Plotkin
          & Kahn, for the protester.
          Daniel N. Hylton, Esq., Department of Agriculture, for the agency.
          John W. Klein, Esq., and Kenneth Dodds, Esq., for the Small Business Administration.
          Tania Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Agency decision that sole-source contract awarded under Small Business
             Administration's section 8(a) program should include only one 1-year option-as
             a result of which the contract value remained under the $3 million ceiling
             requiring competitive procurement-does not violate prohibition against dividing
             current requirements into separate procurements to avoid requirement for
             competition, where record shows that the performance period in fact reflects
             agency's requirements.

          2. Protester's request for a recommendation that it be reimbursed the costs of filing
             two prior protests on the basis that the agency failed to timely implement its
             proposed corrective action is denied where the record shows that the agency did,
             in fact, timely implement the promised corrective action that prompted the
             dismissal of the protests.
          DECISION

          New Technology Management, Inc. (NTMI) protests the award of a contract for
          information technology help desk support to OASAS Learning Solutions, Inc., made
          by the Department of Agriculture (USDA) on a sole-source basis pursuant to the

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