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B-299044 1 (2007-01-29)

handle is hein.gao/gaocrptaucs0001 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: Global Communications Solutions, Inc. File: B-299044; B-299044.2 Date: January 29, 2007 Ronald K. Henry, Esq., Kevin S. Donohue, Esq., and John L. Bowles, Esq., Kaye Scholer LLP, for the protester. Gerald H. Werfel, Esq., Pompan, Murray & Werfel, PLC, for Globecomm Systems, Inc., an intervenor. Robin Ray Coll, Esq., Department of the Navy, Naval Air Systems Command, for the agency. Linda C. Glass, Esq., and Glenn G. Wolcott, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where agency had no authority to use small purchase procedures to acquire a commercial item because the anticipated contract value was in excess of $5 million, contrary to applicable regulation limiting use of these procedures to purchases at or below $5 million. DECISION Global Communications Solutions, Inc. (GCS) protests the issuance of a delivery order to Globecomm Systems, Inc. (GSI) under request for quotations (RFQ) No. 0010181342, issued by the Department of the Navy, Naval Air Systems Command for a quantity of satellite communications systems capable of time division multiple access operation. GCS protests, among other things, that issuance of the delivery order was inconsistent with the solicitation provisions and contrary to statute and regulation. We sustain the protest. BACKGROUND The RFQ, issued on August 24, 2006 under a combined synopsis/solicitation for a commercial item, was issued as a total small business set-aside using simplified acquisition procedures pursuant to the authority of Federal Acquisition Regulation (FAR) Subpart 13.5, captioned Test Program for Certain Commercial Items. In this

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