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B-297280 1 (2005-12-15)

handle is hein.gao/gaocrptaqzt0001 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 Washington, DC 20548 Decision Matter of: Alluviam LLC File: B-297280 Date: December 15, 2005 Greg Ouzounian for the protester. Capt. Joseph V. Fratarcangeli, Department of the Army, for the agency. Jacqueline Maeder, Esq. and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly eliminated protester's proposal from consideration for failure of its offered equipment to be included on the Federal Supply Schedule (FSS); although inclusion of protester's equipment on the FSS was pending, this was not sufficient where solicitation indicated that equipment had to be on the FSS at time of proposal submission. DECISION Alluviam LLC protests the rejection of its proposal under synopsis/solicitation No. W9124Q-05-R-EPGDH53, issued by the Department of the Army for commercially available equipment to prevent, deter and respond to terrorist attacks. Alluviam's proposal was rejected because its equipment was not on the General Services Administration (GSA) Federal Supply Schedule (FSS). We deny the protest. The combined synopsis/solicitation, issued August 4, 2005, contemplated the award of a fixed-price contract for commercially available equipment for the Department of Homeland Security, Office of State and Local Government Coordination and Preparedness Commercial Equipment Direct Assistance Program, to assist smaller communities in acquiring equipment to prevent and respond to terrorist attacks. The procurement was to be completed in two phases--proposal evaluation (based on factors set forth in the solicitation) in phase I and, for the most highly-rated proposals, a demonstration of equipment for a panel of subject matter experts in phase II. Proposals not selected for phase II demonstrations would be ineligible for award. The solicitation stated that Vendors interested in submitting a proposal