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B-294123 1 (2004-08-31)

handle is hein.gao/gaocrptapnn0001 and id is 1 raw text is: 




         G     A     0                                                 Comptroller General
             SIntegrity Reliability                                     of the United States
 ~ccountabthty Inert Rea iy
United States Government Accountability 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: Input Solutions, Inc.

          File:        B-294123

          Date:        August 31, 2004

          Joel S. Rubinstein, Esq. and Lawrence M. Prosen, Esq., Bell, Boyd & Lloyd, for the
          protester.
          Todd Glass for Progressive Technology Federal Systems, Inc., an intervenor.
          Emily Vartanian, Esq., Library of Congress, for the agency.
          Susan K. McAuliffe, Esq., and Ralph 0. White, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protester's contention that certain statements made by the contracting officer in an
          e-mail message created a latent ambiguity in a solicitation's performance
          requirements is denied where protester's interpretation of the communication was
          unreasonable and, as a result, no latent ambiguity was created. Moreover, if we
          accepted the protester's interpretation of the communication, the ambiguity would
          be patent, not latent, and its protest, at this juncture, would be untimely.
          DECISION

          Input Solutions, Inc. (ISI) protests the issuance of a delivery order to Progressive
          Technology Federal Systems, Inc. (PTFS) under request for quotations (RFQ)
          No. LC04-Q-1984, issued by the Library of Congress for scanning and conversion of
          microfilm document images to digitized images in portable document format (PDF)
          files. ISI, the incumbent contractor for these services, contends that it was misled by
          certain statements made by the contracting officer (CO) about the performance
          requirements. ISI contends that the challenged agency communication created a
          latent ambiguity in the work requirements and that, as a result, the quotations
          received were based on different understandings of the scope of work.

          We deny the protest.

          The RFQ, issued on April 28, 2004, provided limited general performance
          specifications for scanning/conversion services, and sought quotes from General
          Services Administration Federal Supply Schedule (FSS) contractors. The RFQ
          anticipated, for instance, scanning/conversion of up to 111,875 standard image pages

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