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B-289453 1 (2002-03-11)

handle is hein.gao/gaocrptaodd0001 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
Washington, DC 20548



          Decision


          Matter of: Kathryn Huddleston and Associates, Ltd.

          File:       B-289453

          Date:       March 11, 2002

          Kathryn Huddleston for the protester.
          Judith P. Morrison for Act II Management Consultants, the intervenor.
          Christopher J. Wood, Esq., and Craig R. Schmauder, Esq., Department of the Army,
          for the agency.
          Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          In a procurement under simplified acquisition procedures where the agency elected
          to establish a competitive range and conduct discussions, the agency improperly
          excluded the protester's low-priced quote from the competitive range and conducted
          discussions with only the awardee, where the protester's and awardee's quotes failed
          to satisfy the same solicitation requirements and the record did not support the
          agency's determination that the protester would not have had a realistic chance of
          receiving award if it had been afforded discussions.
          DECISION

          Kathryn Huddleston and Associates, Ltd. (KHA) protests the rejection of its quote
          and award of a purchase order to Act II Management Consultants under request for
          quotations (RFQ) No. DACW87-01-Q-0160, issued by the U.S. Army Corps of
          Engineers for educational services. KHA challenges the evaluation of its quote and
          complains that the agency conducted discussions with only Act II.

          We sustain the protest.!



          1 Because a protective order was not issued in connection with this case, the
          language in our decision, which is based in part upon source selection sensitive and
          confidential information, is necessarily general.

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