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B-412821 1 (2016-06-14)

handle is hein.gao/gaobadshx0001 and id is 1 raw text is: 




         G    A     0                                                  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
         Decision                                      a GAO Protective Order. This redacted version has
                                                       been approved for public release.


         Matter of:   Tempus Nova, Inc.

         File:        B-412821

         Date:        June 14, 2016

         Michael D. McGill, Esq., Thomas L. McGovern, III, Esq., and Danielle M. Bertie,
         Esq., Hogan Lovells US LLP, for the protester.
         Scott A. Freling, Esq., and John W. Sorrenti, Esq., Covington & Burling LLP, for
         Softchoice Corporation, an intervenor.
         Jonathan D. Tepper, Esq., and Holly Styles, Esq., Department of the Treasury,
         Internal Revenue Service, for the agency.
         Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest alleging that agency issued an improper, out-of-scope, sole-source delivery
         order against a previously-awarded Federal Supply Schedule blanket purchase
         agreement is sustained where record shows that the delivery order contemplates
         providing products that were not included in the underlying blanket purchase
         agreement.
         DECISION

         Tempus Nova, Inc. (TN), of Denver, Colorado, protests the issuance of a delivery
         order to Softchoice Corporation, of Chicago, Illinois, under blanket purchase
         agreement (BPA) No. TIRNO-13-Z-00009, which previously was issued to
         Softchoice by the Department of the Treasury, Internal Revenue Service (IRS),
         under that firm's Federal Supply Schedule (FSS) contract.' TN maintains that the
         delivery order is beyond the scope of Softchoice's underlying BPA and was
         improperly issued on a sole-source basis.

         We sustain the protest.

         1 TN is an authorized reseller of Google products and services. Softchoice is an
         authorized reseller of Microsoft products and services.

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