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B-409585,B-409585.4,B-409585.9 1 (2014-06-12)

handle is hein.gao/gaobadqjz0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
      Accountabilty * 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.
         D e  c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   MSC Industrial Direct Company, Inc.

         File:        B-409585; B-409585.4; B-409585.9

         Date:        June 12, 2014

         Joseph P. Hornyak, Esq., Elizabeth N. Jochum, Esq., and Gregory Hallmark, Esq.,
         Holland & Knight LLP, for the protester.
         Anne B. Perry, Esq., Jonathan S. Aronie, Esq., David S. Gallacher, Esq., Townsend
         L. Bourne, Esq., and Christine R. Couvillon, Esq., Sheppard Mullin Richter &
         Hampton LLP, and Robert A. Van Kirk, Esq., Edward C. Reddington, Esq., and
         Ryan H. Creighton, Esq., Williams & Connolly LLP, for W.W. Grainger, Inc.; Holly A.
         Roth, Esq., and Howard H. Yuan, Esq., Kelley Drye & Warren, LLP, for Capitol
         Supply, Inc.; and William E. Hughes III, Esq., and Emily A. Constantine, Esq.,
         Whyte Hirschboeck Dudek SC, for SupplyCore Inc., intervenors.
         Stephen T. O'Neal, Esq., General Services Administration, for the agency.
         Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest alleging unbalanced pricing is denied where record fails to establish that
         any of awardees' Federal Supply Schedule prices were overstated.

         2. Objection to price evaluation scheme that was clearly set forth in the solicitation
         is untimely where not raised before closing date for receipt of quotations.

         3. Allegations that agency waived compliance with various solicitation requirements
         for awardees is denied where record establishes that protester suffered no
         prejudice as a result of alleged waivers.
         DECISION

         MSC Industrial Direct Co., Inc. (MSC), of Melville, New York, protests the failure of
         the General Services Administration (GSA) to establish a blanket purchase
         agreement (BPA) with it under request for quotations (RFQ) No. 819581, for
         maintenance, repair, and office supplies. MSC argues that the prices of some of
         the successful vendors should have been rejected as unbalanced and that the

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