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B-186930,B-187146 1 (1976-11-18)

handle is hein.gao/gaobadeha0001 and id is 1 raw text is: THE COMPTPI2LLER GENERAL . . a= HUn UNITED STATES WAS *(INGTON, 0, C, 20548 -F 4 N 1 D , . , FILE: B-106930, B-187146 DATE: November 18, 1976 MATTER 0f: Neomed, Inc. DIGEST:. 1. Agency request for best and final offers after revising PFP warranty clause to limit its application for a setected group of items In conformaice with initial proposal of one offeror was proper. 2. Cancellation of RFP after receipt of best and final offers was reasonable exercise of procurement judgment when it was discovered that contracting officer had advised one offeror that another offeror vas low after initial proposals had been received. Neomed, Inc. protests the decision of Andrews Air Force Base (Air Force) tu cncel RFP F49642.*76-00063, and to award its require- ment for portable solid state elietrosurgical apparatus under IFB F49642-76-00116, to the low hidder, Birtcher Corporation. Award was made while the protest was pending upon the Air Force's determination that delivery of medically required items would be unduly delayed by failure to make prompt award, as authorized under Armed Services Procurement Regulation (ASPR) § Z-407,8(b)(3) (i1) (1975 ed.). Neomed contends that the resolicitation was , improper since an award should have been made to Neomed under the cancelled RFP. A total of 125 units were required, at a Government estimated total cost of $300,000. The initial proposal resulted in the following offers: Neomed, Inc. Birtrher Corp. Va ileylab, Inc. $1,334.00 per unit $1,666.74 per unit $2,302.05 per unit All prices were below the Government estimate. The RPP indicated that price would be treated as the determinative factor in making award. - 1 - '-4 a' DECISIOl

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