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B-277340 1 (1997-10-01)

handle is hein.gao/gaocrptagbw0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Comdisco, Inc. File: B-277340 Date: October 1, 1997 Ron R. Hutchinson, Esq., and Scott W. Woehr, Esq., Doyle & Bachman, for the protester. Rand L. Allen, Esq., and David A. Vogel, Esq., Wiley, Rein & Fielding, for Troy Systems, Inc., an intervenor. Terence W. Carlson, Esq., Department of Transportation, for the agency. Glenn G. Wolcott, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Task orders under which an agency acquires the unrestricted discretionary right to require the contractor to provide specifically defined hardware and software constitute the acquisition of that hardware and software. 2. Contract under which the agency acquires the right to exclusive use and control of specifically defined equipment for a period of time in return for monetary consideration effectively constitutes the lease of that equipment. 3. In task orders where terms of underlying contract limits acquisition of hardware/software to 25 percent of the task orders' value, protest is sustained where agency is purchasing the right to acquire substantial quantities of hardware/software and provides no credible evidence that the limitation is satisfied, instead arguing that the nature of the acquisition makes it impossible for the protester to affirmatively demonstrate that contract limitation has been exceeded. DECISION Comdisco, Inc. protests the Department of Transportation's (DOT) award of three task orders to Troy Systems, Inc. and its subcontractor, SunGard Recovery Services, Inc., under contract No. DTOS59-96-D-0411. Comdisco asserts that the task orders for disaster recovery computer equipment and related services are outside the

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