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B-270777 1 (1996-03-27)

handle is hein.gao/gaocrptaeba0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: CardioMetrix

File:        B-270777

Date:        March 27, 1996

Robert J. Loring, Ph.D., for the protester.
Monika S. Rueda for Sekot Laboratories, Inc., an intervenor.
Jonathan Cramer, Esq., Department of Justice, for the agency.
Sylvia Schatz, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Where solicitation contemplated award of a fixed-price requirements contract, bid
was properly rejected for failure to offer fixed price where fee schedule contained
legend stating that [a]ll prices are subject to change without notice.
DECISION

CardioMetrix protests the rejection of its bid under invitation for bids (IFB)
No. 125-0212, issued by the Federal Bureau of Prisons, U.S. Department of Justice,
for clinical laboratory testing for the inmate populations of the Federal Correctional
Institute/Federal Prison Camp in Miami, Florida.

We deny the protest.

The IFB contemplated the award of a fixed-price requirements contract. The bid
schedule stated as follows:

       The [g]overnment intends to make a single award based upon price
       alone. The low bid will be determined by the combined overall lowest
       priced regular fee schedule utilizing ten (10) regular fee schedule tests
       listed in this section, considering the discount offered, if any, along
       with the aggregate total of the special pricing of the twenty (20) tests
       listed in this section. I/we will provide all regular fee schedule tests at
            % discount.


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