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B-285910 1 (2000-09-20)

handle is hein.gao/gaocrptales0001 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: STG, Inc.

         File:      B-285910

         Date:      September 20, 2000


         Kenneth J. Ingram, Esq., and Michael A. Stover, Esq., Whiteford, Taylor & Preston,
         for the protester.
         Kenneth A. Redden, Esq., U.S. Environmental Protection Agency; and John W. Klein,
         Esq., and Audrey H. Liebross, Esq., Small Business Administration, for the agencies.
         Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Proposal submitted prior to the issue date of a request for proposals (RFP) is an
         offer in response to the RFP that the contracting agency must consider where the
         agency provided the offeror with prior written notice that it would do so.
         DECISION

         STG, Inc. protests the rejection of its proposal under request for proposals (RFP)
         No. PR-HQ-00-10150, issued by the Environmental Protection Agency (EPA) for
         information management services for EPA's libraries, public information centers and
         records centers.!

         We sustain the protest.

         On December 3, 1999, EPA published notice in the Commerce Business Daily (CBD)
         of the agency's requirement for these services and its intent to issue the RFP in
         mid-December. Agency Report, Tab 1, CBD Notice. The CBD notice stated that EPA
         contemplated using the Small Business Administration's (SBA) section 8(a) set-aside
         program and making two awards, one using the section 8(a) competitive process and
         the other restricted to Indian Tribal Concerns/Alaskan Native Corporations. Id.

         'This protest was decided under the express option provisions of our Bid Protest
         Regulations, 4 C.F.R. § 21.10 (2000).

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