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B-282277.3 1 (1999-08-16)

handle is hein.gao/gaocrptajjl0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                 of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter of: American Analytical & Technical Services, Inc.

         File:      B-282277.3

         Date:      August 16, 1999


         Robert Martinez, Esq., Williams & Jensen, for the protester.
         Kenneth R. Pakula, Esq., Environmental Protection Agency, for the agency.
         Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Procuring agency failed to provide a common basis for competition where it
         provided the protester with an incorrect version of the solicitation's evaluation
         scheme while providing other bidders with the correct version.

         2. Agency cannot use evaluation scheme in a sealed bid solicitation that requires
         bidders to submit data packages after bid opening to be evaluated with only the
         bidders who received scores above the average score of all bidders which submitted
         data packages.
         DECISION

         American Analytical & Technical Services, Inc. protests the rejection of its bid under
         invitation for bids (IFB) No. PR-HQ-98-00031, issued by the United States
         Environmental Protection Agency (EPA), for laboratory services. American
         contends that its bid was improperly rejected because the EPA provided it an
         incorrect version of the evaluation scheme incorporated into the IFB.

         We sustain the protest.

         The IFB, issued July 22, 1998, was to procure laboratory services to analyze samples
         from hazardous waste sites to determine the presence and concentration of certain
         organic analytes in aqueous and non-aqueous samples from multiple contractors
         under indefinite-quantity contracts. IFB § B.1. The IFB contemplated the award of
         19 1-year contracts with two yearly options, with no more than 3 contracts to be
         awarded to one bidder, and with 9 of the contracts based on a 100-sample monthly

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