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B-213347.2 1 (1984-04-02)

handle is hein.gao/gaobadlpy0001 and id is 1 raw text is: C0~4Af 40Pi 0 THE COMPTROLLER GENERAL O OISIC ON .'Op THE UNITED ETATES WASHINGTON. 0.C. 20540 FILE: B-213347.2 DATE: April 2, 1984 MATTrER OF: Computer Technology and Imaging, Inc.-- Request for Reconsideration DIGEST: Request for reconsideration is dismissed where the protester presents a new basis for protest-- whether the contractor will be able to produce the scanner system it offered--which appears untimely and, in any event, concerns (1) an agency's affirmative determination of responsibility which GAO does not review absent circumstances not applicable here and (2) contract administration which GAO also does not consider. Computer Technology and Imaging, Inc. (CTI), requests reconsideration of our decision in EG&G Ortec, B-213347, February 13, 1984, 84-1 CPD CTI alleges that it acquired all the assets and rights to the EG&G Ortec ECAT scanner product line on January 19, 1984, and, in doing so, assumed an interest in our previous decision and the procurement involved. We dismiss the request for reconsideration. In our prior decision, we held that, while EG&G Ortec's technical point rating was higher than that of the awardee, Nucletronix, the selection officials were not bound by these scores and had discretion to determine which proposal was superior based upon the facts and circumstances of the pro- curement. We also held that, since the selection officials determined the two proposals to be essentially equal techni- cally, it was permissible for cost to become the deter- minative factor in making award even though cost was ranked as the least important evaluation factor in the solicita- tion. Further, we held that an allegation against the applicability of the Trade Agreement Act of 1979 was untimely and not for consideration since the issue was not raised prior to the submission of initial proposals. One of the major factors in the agency's determination that Mucletronix's proposal was essentially equal techni- cally to that of EG&G Ortec was Nucletronix's method of

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