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B-297534.4 1 (2006-05-17)

handle is hein.gao/gaocrptasmx0001 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. No party requested redactions;
                                                       we are therefore releasing the decision in its entirety.

          Decision

          Matter of: CHE Consulting, Inc.

          File:        B-297534.4

          Date:        May 17, 2006

          Steven E. Kellogg, Esq., The Kellogg Law Firm, PC, for the protester.
          David S. Cohen, Esq., and John J. O'Brien, Esq., Cohen Mohr LLP, and Charles W.
          Steese, Esq., Steese & Evans, P.C. for Storage Technology Corporation, an
          intervenor.
          Robert R. Goff, Esq., and James W. DeBose, Esq., Defense Information Systems
          Agency, for the agency.
          Paul N. Wengert, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest is denied where agency record provides reasonable basis for requirement in
          solicitation for critical maintenance services that each vendor demonstrate in its
          quotation how it would obtain support from the original equipment manufacturer in
          the event that the vendor's remedial maintenance efforts for a malfunctioning unit
          were not successful within the service standard specified in the solicitation.
          DECISION

          CHE Consulting, Inc. protests the terms of a request for quotations' (RFQ) issued by
          the Defense Information Security Agency (DISA) to several firms holding Federal
          Supply Schedule (FSS) contracts seeking quotations to perform on-site predictive,
          remedial and preventive hardware maintenance service for StorageTek equipment


          'The RFQ apparently is not identified by number, and is variously identified by the
          parties as the Level 1 StorageCentric Recompete, or Level 1 StorageCentric
          Hardware Maintenance, or similar phrasing. The use of the term recompete is an
          apparent recognition by DISA that, during the course of an earlier series of protests
          regarding this requirement filed with our Office by Storage Technology Corporation
          (StorageTek) challenging the issuance of an order to CHE, DISA voluntarily took
          corrective action by canceling that order and issuing the revised RFQ, which CHE
          now challenges.

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