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B-282902 1 (1999-09-10)

handle is hein.gao/gaocrptajku0001 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: Mallinc kro dt Inc. File: B-282902 Date: September 10, 1999 Bruce Crowe, Esq., for the protester. Phillipa L. Anderson, Esq., Department of Veterans Affairs, for the agency. Win. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Award was improper where solicitation overstated estimated quantity of one item by a factor of five, protester's bid was low based on quantity estimate in solicitation, and agency made award based on estimate corrected after bid opening. DECISION Mallinckrodt Inc. protests the award made to Nycomed Amersham for radio- pharmaceutical products under invitation for bids (IFB) No. 614-46-99, issued by the Department of Veterans Affairs Medical Center, Memphis, Tennessee. Mallinckrodt contends that the award to Amersham was improper. We sustain the protest. The IFB, issued on January 19, 1999, requested the submission of unit and total prices for an indefinite-quantity contract for a base year and two 1-year options. The solicitation contained a quantity estimate for each line item. Three firms submitted bids. Agency Report, exh. 4, Abstract of Offers. In reviewing the bids, the contracting officer noticed that on item No. 35, calling for Ultratag RBC, 5 vial/kit 171 EA, Amersham's unit and total prices were 'We note that the solicitation makes reference to past performance as an evaluation factor. Because the award decision was apparently based solely on price and the parties treat the solicitation as an invitation for bids, our decision follows the parties' prac tic e.

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