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B-295533.2 1 (2005-07-01)

handle is hein.gao/gaocrptaquo0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: SOS International, Ltd. File: B-295533.2; B-295533.3 Date: July 1, 2005 Jessica C. Abrahams, Esq., Alison L. Doyle, Esq., and Jason N. Workmaster, Esq., McKenna Long & Aldridge LLP, for the protester. Kristen A. Bennett, Esq., Moore & Lee, LLP, for McNeil Technologies, Inc., an intervenor. Sheryl A. Butler, Esq., U.S. Department of Justice, Drug Enforcement Administration, for the agency. Monica P. Anatalio, Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Bid that included tiered pricing where solicitation did not contemplate bidding on such a basis is nonetheless responsive where record shows that awardee's pricing scheme did not condition the bid in any way, and bid is low using any of the tiered prices. 2. Where solicitation provided for award of contract on indefinite quantity basis, bid that offered larger quantity than maximum specified in solicitation is responsive, where bid did not limit government's right to purchase only up to the maximum quantity specified in the solicitation or otherwise condition the firm's pricing or performance on the government's buying the larger quantity. DECISION SOS International Ltd. protests the award of a contract to McNeil Technologies, Inc. under Drug Enforcement Agency (DEA) request for proposals (RFP) No. DEA-04-R- 0012, for linguistic services in support of law enforcement efforts at DEA's San Diego Field Division. SOS contends that DEA should have rejected McNeil's bid as nonresponsive. We deny the protest.

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