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B-401773.2,B-401773.3 1 (2010-03-15)

handle is hein.gao/gaobadbfp0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Rapiscan Systems, Inc. File: B-401773.2; B-401773.3 Date: March 15, 2010 Daniel R. Forman, Esq., and Jonathan M. Baker, Esq., Crowell & Moring, for the protester. James J. McCullough, Esq., and Steven A. Alerding, Esq., Fried Frank Harris Shriver & Jacobson, LLP, for Science Applications International Corporation, an intervenor. Dennis J. Gallagher, Esq., Department of State, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where solicitation limited competition to vendors holding Federal Supply Schedule (FSS) contract for required items, and successful vendor's FSS contract did not include all required items, issuance of purchase order was improper; while non-FSS micro-purchase ($3,000) items properly may be purchased under an FSS solicitation, that was not the case here, since, while non-FSS items were priced at $0, quotation stated that price of non-FSS items was included in FSS item prices. DECISION Rapiscan Systems, Inc., of Arlington, Virginia, protests the issuance of a purchase order to Science Applications International Corporation (SAIC), of San Diego, California, under request for quotations (RFQ) No. S-WHARC-09-Q-0030, issued by the U.S. Department of State (DOS) for gamma ray vehicle and cargo inspection systems. The RFQ was limited to vendors holding a Federal Supply Schedule (FSS) contract for the required items, and Rapiscan principally argues that it was improper to issue the order to SAIC because that firm's FSS contract does not include all required items. We sustain the protest.

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