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B-292357.2 1 (2004-03-12)

handle is hein.gao/gaocrptaphp0001 and id is 1 raw text is: 




         G     A     0                                                 Comptroller General
             SIntegrity Reliability                                     of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting 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.

          Decision

          Matter of: Millennium Data Systems, Inc.

          File:        B-292357.2

          Date:        March 12, 2004

          Thomas 0. Mason, Esq., and Francis E. Purcell, Jr., Esq., Williams Mullen, for the
          protester.
          Kenneth R. Pakula, Esq., Environmental Protection Agency; Laura Mann Eyester,
          Esq., and John W. Klein, Esq., Small Business Administration, for the agencies.
          Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protester's contention that the agency improperly issued a task order to a Federal
          Supply Schedule contract holder that did not meet the applicable size standard in the
          request for quotations (RFQ) is denied where the RFQ did not indicate that eligibility
          for the task order was limited to small businesses, and where the record shows that
          the agency did not intend to limit eligibility for the order to small businesses.
          DECISION

          Millennium Data Systems, Inc. (MDS) protests the issuance by the Environmental
          Protection Agency (EPA) of a task order for information services for EPA's Region 5
          offices to RS Information Systems, Inc. (RS), pursuant to request for quotations
          (RFQ) No. R5-03-2003. The RFQ, as initially issued, sought quotation packages--in
          essence, technical proposals--from entities holding a contract under Federal Supply
          Schedule (FSS) GS-35F-5355H for information services, that were also certified as
          small disadvantaged business (SDB) concerns by the Small Business Administration
          (SBA). MDS argues that RS is ineligible for the order because it is not an SDB, and
          because SBA determined that RS was other than a small business for purposes of
          this procurement. MDS also argues that EPA failed to conduct a proper realism
          analysis of the price in RS's quotation.


We deny the protest.

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