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B-277160 1 (1997-07-02)

handle is hein.gao/gaocrptagbb0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: JEOL USA, Inc. File: B-277160 Date: July 2, 1997 Janice D. Sogard for the protester. Vincent A. Salgado, Esq., and Jerald J. Kennemuth, Esq., National Aeronautics and Space Administration, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably rejected as technically unacceptable a proposal for an electron microscope where the solicitation required the submission of descriptive literature to demonstrate compliance with the stated requirements, and the information provided by the protester prior to award did not show that its proposed microscope satisfied the working distance requirement stated in the solicitation. DECISION JEOL USA, Inc. protests an award to Hitachi Scientific Instruments under request for offers (RFO) No. RFO3-072251, issued by the National Aeronautics and Space Administration (NASA), Lewis Research Center, for a field emission scanning electron microscope. JEOL protests that the rejection of its offer as technically unacceptable was unreasonable. We deny the protest.1 The solicitation, issued on May 5, 1997, contemplated the award of a fixed-price contract.2 The solicitation required offerors to provide: a description (including manufacturer, brand, and model no.) in sufficient detail to show that the product or service offered meets the Government's requirement included in the attached model contract. 'This protest was developed, and this decision is being issued, pursuant to an accelerated schedule. 4 C.F.R. § 21.10(e) (1997). 2Award was to be based on a best value evaluation plan with technical and past performance factors combined being substantially equal to price.

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