Brief Facts of the FSI Case

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Future Solutions, Inc GAO Brief Facts of the Case In this case FSI argued that the agency's purchase from the FSS should have been set aside for small business and that EPA's failure to do so violated Federal Acquisition Regulation (FAR) ยง 19.502-2(b). This regulation normally requires an agency to set aside purchases for small businesses where there is a sensible anticipation of getting fair market price offers from at least two dependable small business entities. However, there is currently no statute or regulation that requires the agency to set aside this condition for small businesses as an alternative to purchasing from FSS vendors. FSI also argued that its answer to the agency's sources sought notice was not practically looked at, that the 5-page limit on its answer was unfair, and that its answer was looked at in a prejudicially unequal manner in that the large business vendors were given the chance to make oral presentations and have discussions. FSI finally challenged that the agency's bundling of its office supplies rations into the BPA violates requirements of the Small Business Act, 15 U.S.C. ยง 631(j)(3), which requires agencies to steer clear of needless and unfounded bundling of contract requirements that prevent small business participation in procurements as prime contractors. Issue or Issues Future Solutions, Inc. (FSI) protested the award by the Environmental Protection Agency (EPA) of a blanket purchase agreement (BPA) for office supplies
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