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B-284924 1 (2000-06-20)

handle is hein.gao/gaocrptalby0001 and id is 1 raw text is: 



                   -e GeAtOa
 E                                                               Comptroller General
                                                                 of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter of: Spacesaver Systems, Inc.

         File:      B-284924; B-284924.2

         Date:      June 20, 2000


         William J. Spriggs, Esq., Spriggs & Hollingsworth, for the protester.
         Jeffrey C. Morhardt, Esq., Department of Education, for the agency.
         Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         Protest that agency improperly performed cost/technical tradeoff under a best value
         acquisition approach for a Federal Supply Schedule (FSS) purchase without advising
         vendors of this evaluation method, is denied where record shows that, in fact,
         agency did not conduct a best value evaluation or perform a tradeoff; rather, agency
         rejected protester's lower-priced product as unacceptable for failing to meet delivery
         requirements, and made award to the FSS vendor offering to meet all requirements
         at the lowest overall cost to the government.
         DECISION

         Spacesaver Systems, Inc. protests the Department of Education's (DOE) award of
         two delivery orders to Capitol Office Systems, Inc. under that firm's Federal Supply
         Schedule (FSS) contract for high density filing systems. Spacesaver alleges that the
         agency improperly failed to make award to the low-priced, technically acceptable
         firm, and also failed to afford it an opportunity to respond to a revision to the
         agency's requirements.

         We deny the protest.

         The agency was interested in acquiring approximately 47,000 linear inches of high
         density filing systems in connection with the move of the National Center for
         Education Statistics (NCES) from one location in Washington, D.C. to another. The
         agency decided to make its purchase from the FSS and contacted five vendors,
         including the protester, that held current FSS contracts for the filing systems. In this
         connection, the record shows that on February 29, 2000 the agency provided the

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