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Allegation That Agency Failed To Request Formal Price Quotations on Mandatory Federal Supply Schedule Procurement

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Highlights

The award of a contract under the General Services Administration (GSA) Federal Supply Schedule (FSS) for a dictation system is protested. One of the protest allegations, that the agency failed to request formal price quotations on mandatory FSS procurement, is denied because regulations prohibit such requests.The agency's determination that the dictation system offered under the FSS contract will meet its needs appears to be a reasonable one. The protestor argues that since the awardee's system will not perform properly without additional devices that must be procured on the open market, then the protestor should also be afforded the opportunity to compete on an open-market basis. The Government, however, determined that the awardee's equipment would meet its minimum needs. Since the Government can fulfill its minimum needs under mandatory FSS contract, it would be improper for the Government to purchase a dictation system which admittedly would require purchase of components on the open market.

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Kenneth E. Patton
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Edward (Ed) Goldstein
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