[Protests of DISA Delivery Orders for CPU Replacement]
Highlights
A firm protested the Defense Information Systems Agency's (DISA) issuance of two delivery orders for central processing unit replacement, under the awardee's Federal Supply Schedule (FSS) contract, contending that: (1) the awardee improperly offered "one time spot discounts" below its FSS contract prices which were not made available to other schedule users; (2) more than half of the items ordered by DISA were not listed on the awardee's FSS contract; and (3) the delivery orders' warranty and "trade-in" provisions were materially different from those provided for in the awardee's FSS contract. GAO held that: (1) the delivery orders issued by DISA to the awardee were not materially different from, and did not exceed the scope of, the awardee's FSS contract; (2) an FSS supply contractor may properly offer only to an ordering agency a one-time price reduction; (3) the awardee's FSS contract provided for the provision of items incidental to and necessary for the operation of the FSS contract; (4) the awardee's contract provided for the offer of warranties specific to each procurement; and (5) the awardee's FSS contract recognized that the ordering agency may receive credit for items traded in by the agency. Accordingly, the protests were denied.