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B-292995.2 1 (2004-02-13)

handle is hein.gao/gaocrptapiu0001 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: CourtSmart Digital Systems, Inc.

          File:        B-292995.2; B-292995.3

          Date:        February 13, 2004

          James H. Roberts, III, Esq., Van Scoyoc Kelly, for the protester.
          Jeffrey B. Krashin, Esq., Thompson & Waldron, and William E. Casselman, II, Esq.,
          for York Telecom Corporation, the intervenor.
          Seth Binstock, Esq., Social Security Administration, and Thedlus L. Thompson, Esq.,
          General Services Administration, for the agencies.
          Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Issuance of order that included non-Federal Supply Schedule (FSS) item under a
          competition among FSS vendors was improper.

          2. Awardee's quotation under a competition among Federal Supply Schedule
          vendors was unacceptable where it was not compliant with the solicitation provision
          requiring compliance with section 508 of the Rehabilitation Act, which requires
          electronic and information technology that will allow individuals with disabilities the
          same access as persons who are not individuals with disabilities.

          3. In a competition among Federal Supply Schedule vendors, quotations were not
          evaluated on an equitable basis with respect to an experience requirement.

          4. Agency's determination that protester's software for portable digital recording
          system proposed in a competition under the Federal Supply Schedule (FSS) was
          unacceptable is not supported by the record.
          DECISION

          CourtSmart Digital Systems, Inc. protests the issuance of an order to York Telecom
          Corporation under a request for quotations (RFQ) issued by the Social Security
          Administration (SSA) for a portable digital recording system under the Federal
          Supply Schedule (FSS).


We sustain the protest.

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