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B-294281 1 (2004-10-12)

handle is hein.gao/gaocrptapoc0001 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: Armed Forces Merchandise Outlet, Inc. File: B-294281 Date: October 12, 2004 Anne B. Perry, Esq., Jonathan S. Aronie, Esq., Louis D. Victorino, Esq., and Jaime H. Weinberg, Esq., Sheppard, Mullin, Richter, & Hampton, for the protester. Vera Meza, Esq., and David H. Scott, Esq., U.S. Army Materiel Command, for the agency. Katherine I. Riback, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that contracting agency's issuance of a delivery order to a firm pursuant to its General Services Administration (GSA), Federal Supply Schedule contract was improper is sustained where the product to be furnished is outside of the scope of the firm's GSA schedule contract and the agency unreasonably determined that the selected product met the solicitation specifications. DECISION Armed Forces Merchandise Outlet, Inc. (AFMO) protests the U.S. Army Materiel Command's (AMC) issuance of a delivery order to KP Sports, Inc. under KP Sports' General Services Administration (GSA), Federal Supply Schedule (FSS) contract, pursuant to request for quotations (RFQ) No. W91CRB-04-T-0142, for Wick Away Sports Bras. AFMO argues that the order to KP Sports was improper because it was outside of the scope of KP Sports' GSA schedule contract, and contrary to the terms of the solicitation. We sustain the protest. BACKGROUND The RFQ, issued on May 18, 2004, contemplated the award of a 36-month indefinite-delivery, indefinite-quantity contract under the terms and conditions of General Services Administration (GSA) contract (to be determined at the time of award), Schedule 078, Sports, Promotional, Outdoor, Recreation, Trophies and Signs (SPORTS). RFQ § B. 1. Likewise, participation under the RFQ was limited to

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