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B-296493.6 1 (2006-10-06)

handle is hein.gao/gaocrptasli0001 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 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: Advanced Technology Systems, Inc. File: B-296493.6 Date: October 6, 2006 William A. Roberts III, Esq., Richard B. O'Keeffe Jr., Esq., and Michael S. Caldwell, Esq., Wiley Rein & Fielding LLP, for the protester. Jonathan D. Shaffer, Esq., John S. Pachter, Esq., Tamara F. Dunlap, Esq., and Mary Pat Gregory, Esq., Smith Pachter McWhorter PLC, for Pyramid Systems Inc., an intervenor. R. Rend Dupuy, Esq., Department of Housing and Urban Development, and Thedlus L. Thompson, Esq., General Services Administration, for the agencies. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, particiated in the preparation of the decision. DIGEST 1. An ordering agency is not required to perform a responsibility determination when placing a task or delivery order under a Federal Supply Schedule (FSS) contract, since the General Services Administration performed a responsibility determination at the time of award of the underlying contract. 2. When ordering services priced at hourly rates from vendors holding FSS contracts, and when a statement of work is required, an agency is required under Federal Acquisition Regulation § 8.405-2(d) to consider a vendor's proposed level of effort and labor mix in its selection decision. 3. Protest challenging the agency's evaluation of the awardee's proposed level of effort and labor mix is sustained where the agency failed to sufficiently document its determination that the awardee's proposed level of effort and labor mix were acceptable. DECISION Advanced Technology Systems, Inc. (ATS) protests the issuance of a task order by the Department of Housing and Urban Development (HUD) to Pyramid Systems Inc. (PSI) under that firm's General Services Administration (GSA) Federal Supply Schedule (FSS) contract, pursuant to request for quotations (RFQ) No. R-OPC-23036 for operational support and corrective maintenance services in support of the HUD

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