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B-297454 1 (2006-01-24)

handle is hein.gao/gaocrptasms0001 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: Wyse Technology, Inc. File: B-297454 Date: January 24, 2006 Brian A. Darst, Esq., for the protester. David Erlewine, Esq., Department of Justice, for the agency. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly awarded contract based upon a proposal where the offeror expressly declined to certify that the product to be provided would comply with the Trade Agreements Act as was required by the terms of the solicitation. DECISION Wyse Technology, Inc. protests the award of a contract to CDW Government, Inc. (CDWG) under solicitation No. CG0270, issued by the Department of Justice, Federal Prison Industries (FPI) d/b/a UNICOR,' for Hewlett Packard HP Compaq t5520 Thin Client devices.2 Specifically, Wyse contends that the awardee's brand name product 1 The agency contends that our Office lacks jurisdiction to review protests of FPI procurements, arguing that FPI is a nonappropriated fund activity. Our Office has previously held that, since FPI is defined by statute as a federal agency, the agency is subject to our jurisdiction under the Competition in Contracting Act, 31 U.S.C. §§ 3551-3556 (2000), amended by the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, Pub. L. No. 108-375, § 326, 118 Stat. 1811 (2004). USA Fabrics, Inc., B-295737, B-295737.2, Apr. 19, 2005, 2005 CPD 82 at 2-3. 2 The thin client devices are needed by FPI to replace all existing FPI employees' personal computers. The thin client devices have no hard drives, a security feature for the Bureau of Prisons institutions, so all information is retrieved and inputted via a main server.

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