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B-298011 1 (2006-05-15)

handle is hein.gao/gaobacznd0001 and id is 1 raw text is: 




         G     A    0Comptroller General
K  c   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:  American Printing House for the Blind, Inc.

          File:       B-298011

          Date:       May 15, 2006

          Walter L. Sales, Esq., Stoll Keenon Ogden PLLC, for the protester.
          David P. Metzger, Esq., Anand V. Ramana, Esq., and David J. Craig, Esq., Holland &
          Knight LLP, for the American Foundation for the Blind; Frederic G. Antoun, Jr., Esq.,
          for Carolina Talking Books, Inc.; William S. Taylor, Esq., Taylor & Rea, PLC, for
          Potomac Talking Book Services, Inc.; and James H. Marlow, Esq., Hamilton and
          Faatz, for Talking Book Publishers, Inc., the intervenors.
          Emily Vartanian, Esq., Library of Congress, for the agency.
          Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
          General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Under invitation for bids (IFB) for production of books on tape that provided for
          multiple awards and limited the number of titles to be awarded to an individual
          bidder to 500, award of a contract for less than 500 titles to a bidder, which will also
          be performing work on one aspect of 1,000 additional titles as a subcontractor to two
          other awardees, was not contrary to 500-title limitation.

          2. Allegation that bidders falsely certified to having arrived at their prices
          independently is a matter for contracting officer's consideration in determining
          bidder responsibility not subject to Government Accountability Office's review.
          DECISION

          American Printing House for the Blind, Inc. (APH) protests the award of contracts
          for the production of books on tape to Carolina Talking Books, Inc. (CTB), the
          American Foundation for the Blind (AFB), and Talking Books Publishers, Inc. (TBP)
          under invitation for bids (IFB) No. 20060046, issued by the Library of Congress. The
          protester contends that the IFB provided for the award of no more than 500 titles to
          a bidder, but that CTB has in effect been awarded over 1,000 titles because both AFB
          and TBP are subcontracting with CTB for the cassette duplication portion of the
          work on the titles awarded to them. APH further argues that none of these three
          bidders--CTB, AFB, and TBP--could truthfully have certified to having arrived at their
          prices independently.