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B-282277.5 1 (2000-05-31)

handle is hein.gao/gaocrptakxq0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter of: American Technical & Analytical Services, Inc.

         File:      B-282277.5

         Date:      May 31, 2000


         Robert J. Martinez, Esq., Williams & Jensen, for the protester.
         Jonathon S. Baker, Esq., Environmental Protection Agency, for the agency.
         Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Bid that was previously rejected because the bidder was determined nonresponsible
         under an invitation for bids contemplating multiple awards may be revived, where
         the agency intends to make additional awards under the IFB, because responsibility
         is to be determined based on any information received by the agency up to the time
         award is proposed to be made.
         DECISION

         American Technical & Analytical Services, Inc. protests the award of a contract to
         Laucks Testing Laboratories, Inc. under invitation for bids (IFB) No. PR-HQ-98-
         00031, issued by the United States Environmental Protection Agency (EPA), for
         laboratory services. American contends that the EPA improperly allowed Laucks to
         revive its expired bid.

         We deny the protest.

         The IFB, issued July 22, 1998, was to procure laboratory services from multiple
         contractors under fixed-price, indefinite -quantity contracts for a 1-year base period
         with 2 option years. The laboratory services were for analyzing samples from
         hazardous waste sites to determine the presence and concentration of certain
         organic analytes in aqueous and nonaqueous samples. IFB § B.1. Among other
         things, the IFB required the analysis data to be furnished to the EPA on a computer
         disk, defined as an electronic data deliverable (EDD). IFB § C.2, exh. H. The IFB
         provided for award of up to 26 contracts to those bidders with the lowest prices who
         passed the qualification requirements set forth in the IFB. IFB § M.3. The

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