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B-293194 1 (2004-02-11)

handle is hein.gao/gaobacyov0001 and id is 1 raw text is: I G A 0 Comptroller General ....Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 D .. Decision Matter of: Future Solutions, Inc. File: B-293194 Date: February 11, 2004 Vanessa Navarro, for the protester. Jonathan S. Baker, Esq., Environmental Protection Agency; Thedlus L. Thompson, Esq., General Services Administration; John W. Klein, Esq., and Kenneth Dodds, Esq., Small Business Administration, for the agencies. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that procurement should have been set aside for small businesses is denied, where the agency reasonably determined that the items to be procured were available under the Federal Supply Schedule (FSS); agencies need not consider small business programs when purchasing from the FSS. 2. Protest that agency unreasonably and unfairly evaluated protester's response to sources sought notice to small business Federal Supply Schedule vendors to ascertain their capability of meeting the agency's requirements is denied, where the protester does not rebut the agency's reasons for determining that the protester lacked the requisite capability, but argues that it was treated disparately from other vendors who were solicited to submit quotations for the services; the protester was on a footing completely different from the vendors whose quotations were solicited, and its response did not have to be considered in the same way as the other vendors' quotations because it was solicited for a different purpose. 3. General Accounting Office will not consider merits of protest that agency improperly bundled its office supply requirements in violation of the Small Business Act where the protester has not demonstrated a reasonable possibility that it was prejudiced by the bundling. DECISION Future Solutions, Inc. (FSI) protests the award by the Environmental Protection Agency (EPA) of a blanket purchase agreement (BPA) for office supplies to

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