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B-297346 1 (2005-12-29)

handle is hein.gao/gaocrptarab0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States 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: Sytronics, Inc. File: B-297346 Date: December 29, 2005 Charles W. Mahan, Esq., and Richard L. Carr, Jr., Esq., Dunlevey, Mahan & Furry, for the protester. J. R. Cohn, Esq., and Julius Rothlein, Esq., United States Marine Corps, for the agency. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where the agency did not reasonably evaluate in accordance with the terms of the solicitation the quotation of the selected vendor in the areas of technical approach and past performance, where the agency conducted price discussions that improperly favored the selected vendor over the protester (whose higher priced quotation received a higher technical score), and where the protester was competitively prejudiced by the agency's conduct of the procurement. DECISION Sytronics, Inc. protests the issuance of a task order to Jenkins Electric Company, d/b/a Nexjen Systems, under request for quotations (RFQ) No. M00146-05-T-9031, issued by the United States Marine Corps for the upgrade of all hardware and software for two T58 test cells at the Naval Air Depot, Marine Corps Air Station, Cherry Point, North Carolina. Sytronics challenges the agency's decision to issue a task order to Nexjen, a vendor submitting a lower technically rated, lower priced quotation. We sustain the protest. BACKGROUND The RFQ was issued as a total small business set-aside on May 18, 2005, and contemplated the issuance of a fixed-price task order to the responsible vendor whose quotation, conforming to the terms of the RFQ, was determined to be most advantageous to the government, technical evaluation factors and price considered.

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