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B-291657.3 1 (2004-11-18)

handle is hein.gao/gaocrptaphi0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability Office Washington, DC 20548 Decision Matter of: Digital Technologies, Inc. File: B-291657.3 Date: November 18, 2004 John F. Klein for the protester. Tenley A. Carp, Esq., McGuire Woods, for Communication Technologies, Inc., an intervenor. Byron W. Waters, Esq., Department of Agriculture, for the agency. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where award was canceled after awardee under small business set-aside was declared other than small by Small Business Administration, agency's decision to amend solicitation and provide offerors opportunity to submit revised proposals--instead of making award to next offeror in line for award under original evaluation--was reasonable in view of material increase in estimated quantities and addition of geographically remote performance site. DECISION Digital Technologies, Inc. (DTI) protests the Department of Agriculture's decision to amend request for proposals (RFP) No. FSA-R-003-02DC to add additional work, and to allow revised proposals. The agency's decision followed cancellation of the original award due to a finding by the Small Business Administration (SBA) that the awardee was not a small business concern eligible for award. DTI asserts that, instead of amending the solicitation and requesting revised proposals, the agency should make award to the offeror next in line for award and then modify the awarded contract to add any new requirements. We deny the protest. The RFP, a small business set-aside issued in August 2002, provided for award of a fixed-price, indefinite-delivery/indefinite-quantity contract for a base year, with 4 option years, for remedial and preventive maintenance for an estimated 2,557 Farm Service Agency (FSA) IBM AS/400 Model 170 computers, 3,130 IBM Model 4317 laser

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