About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-272255 1 (1996-09-11)

handle is hein.gao/gaocrptaeij0001 and id is 1 raw text is: 


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

Decision



Matter of: Nidek, Inc.

File:        B-272255

Date:        September 11, 1996

Polly Zygaczenko for the protester.
Helen Henningsen, Esq., Philip Kauffman, Esq., and Phillipa L. Anderson, Esq.,
Department of Veterans Affairs, for the agency.
C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Contracting officer had a reasonable basis for canceling a solicitation where
solicitation failed to include evaluation factors upon which the agency would
evaluate offers and where the record shows that specifications in the solicitation
may not accurately reflect agency's minimum needs.
DECISION

Nidek, Inc. protests the cancellation of solicitation No. 556-96-01, issued by the
Department of Veterans Affairs (VA) Medical Center in North Chicago, Illinois, for a
laser system. Nidek disputes the agency's determination that the solicitation
omitted critical information, which prevented the evaluation of offers on a common
basis.

We deny the protest.

In March 1996, the agency identified a need for a YAG (yttrium-aluminum
garnet)/argon combination laser unit for use in the Medical Center's ophthalmology
section. The unit was unavailable under the Federal Supply Schedule, and the
agency decided to issue a solicitation. Accordingly, the agency published a notice
in the Commerce Business Daily (CBD) of its intention to issue a solicitation for a
Zeiss YAG II/Argon II combination laser or equal, in response to which any
responsible source could submit a quotation.

The solicitation, which was issued in early April, did not identify the brand name
(Zeiss) referenced in the CBD, but sought offers for a YAG/Argon laser combo or
equal with installation, shipping, and handling. The solicitation contained a list of


300911

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most