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B-290185 1 (2002-07-01)

handle is hein.gao/gaocrptaoey0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability 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: Avalon Integrated Services Corporation File: B-290185 Date: July 1, 2002 John E. Jensen, Esq., and Daniel S. Herzfeld, Esq., Shaw Pittman, for the protester. James J. Regan, Esq., John E. McCarthy, Jr., Esq., and Daniel R. Forman, Esq., Crowell & Moring, for ICF Consulting, Inc., an intervenor. Gloria Hardiman-Tobin, Esq., Federal Highway Administration, 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. Protest that task order exceeds scope of vendor's Federal Supply Schedule (FSS) contract is denied where vendor holds FSS contract for pertinent schedule item number and vendor's FSS contract includes each of the labor categories designated in the task order. 2. In competitive procurement under the FSS program, agencies are not required to conduct discussions, even in the absence of a solicitation clause warning vendors that award might be made without discussions. 3. In competitive procurement under the FSS program, where solicitation provided for evaluation of written proposals followed by oral presentations by offerors found to be in the competitive range, contracting agency was not required to hold discussions with vendors prior to selecting vendor with which to place order; at least in the context of an FSS purchase, retention of proposal in a competitive range does not create a right to discussions. DECISION Avalon Integrated Services Corporation protests the issuance of a task order to ICF Consulting, Inc. under its Federal Supply Schedule (FSS) contract, pursuant to request for proposals (RFP) No. PR#45-02-2011, issued by the Federal Highway Administration (FHWA) for strategic support communications services. The protester contends that ICF's schedule contract does not include several of the schedule item numbers (SIN) under which services are sought; that the agency

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