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B-299340.2 1 (2007-07-19)

handle is hein.gao/gaocrptauec0001 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 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been Decision .approved for public release. Matter of: OfficeMax, Inc. File: B-299340.2 Date: July 19, 2007 Lee P. Curtis, Esq., Troy E. Hughes, Esq., and Eric A. Aaserud, Esq., Perkins Coie LLP, for the protester. Kristen E. Ittig, Esq., Arnold & Porter LLP, for Corporate Express, an intervenor. David K. Barnes, Esq., and Lori R. Larson, Esq., Internal Revenue Service, for the agency. Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably determined that vendor's quotation was technically unacceptable where it failed to comply with a mandatory solicitation requirement. 2. Protest that agency failed to provide meaningful discussions is denied where protester cannot establish prejudice because the record shows that protester's ordering systems for office supplies did not comply with a mandatory solicitation requirement, and shows that the protester did not plan to become compliant. DECISION OfficeMax, Inc. protests the award of a contract to Corporate Express under request for quotations (RFQ) No. TIRNO-06-Q-00031, issued by the Internal Revenue Service (IRS) for delivery of office supplies. The protester contends that the IRS unreasonably determined that its quotation was technically unacceptable, and also failed to conduct meaningful discussions. We deny the protest. This office supply procurement protest involves a single issue--an RFQ requirement for an ordering management system that the IRS has termed its fill or kill policy, and the protester's commitment to comply with this policy in its quotation. The policy, in essence, requires the vendor to provide an order management service (in addition to providing the office supplies) that either completely fills each line item

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