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B-292184.2 1 (2003-08-08)

handle is hein.gao/gaobacyjy0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Phenix Research Products File: B-292184.2 Date: August 8, 2003 Gregory Schulz for the protester. Hiram Reinhart for Para Scientific Company, an intervenor. Warren D. Leishman, Esq., Agency for International Development, 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 Where agency accepted equipment not meeting material solicitation requirements, agency properly took corrective action of terminating awardee's contract. DECISION Phenix Research Products protests the Agency for International Development's decision to terminate its contract under request for quotations (RFQ) No. CDC 115- 03-001. The agency terminated Phenix's contract in response to a protest by Para Scientific Company, a competitor under the RFQ, which argued that several of the items awarded to Phenix did not comply with solicitation specifications. The agency undertook the corrective action after determining that more restrictive specifications may have been communicated to Para than were conveyed to other competitors. Phenix contends that its equipment complies with the RFQ's written specifications and that it is irrelevant that more restrictive specifications may have been communicated to Para. We deny the protest. The RFQ, which was issued as a combined synopsis/solicitation, sought quotations for 27 sets of virology laboratory equipment to be furnished to medical laboratories in the Central Asian countries of Kazakhstan, Tajikistan, Kyrgyzstan, Turkmenistan, and Uzbekistan. The synopsis/solicitation, which was amended twice prior to the quotation due date, set forth detailed technical specifications for the various items of equipment sought, and provided for evaluation of quotations on the basis of price,

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