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B-293024.3 1 (2004-06-25)

handle is hein.gao/gaocrptapje0001 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 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: Cross Match Technologies, Inc. File: B-293024.3; B-293024.4 Date: June 25, 2004 Richard P. Rector, Esq., Carl L. Vacketta, Esq., and David E. Fletcher, Esq., Piper Rudnick, for the protester. Anne B. Perry, Esq., and Jonathan S. Aronie, Esq., Sheppard Mullin Richter & Hampton, for Identix Incorporated, an intervenor. Mark A. Allen, Esq., Department of Homeland Security, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Although it was improper for an agency to incorporate into awarded blanket purchase agreement additional, noncompeted items from vendor's General Services Administration schedule contract, where pricing for noncompeted items exceeded pricing limitation established in solicitation provision, and incorporation of noncompeted items was therefore inconsistent with agency obligation to evaluate vendors on an equal basis and in a manner such that the total cost to the government can be meaningfully assessed, nevertheless, protest in this regard is denied where protester was not prejudiced by the agency's improper action. DECISION Cross Match Technologies, Inc. protests the Department of Homeland Security's (DHS) issuance of a blanket purchase agreement (BPA) to Identix Incorporated, under request for quotations (RFQ) No. COW-3-Q-0047, for live-scan electronic fingerprint scanning systems. The BPA was issued to Identix under its General Services Administration (GSA) Federal Supply Schedule (FSS) contract. Cross Match challenges the technical and price evaluations. We deny the protest.

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