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B-286596 1 (2001-01-19)

handle is hein.gao/gaocrptammm0001 and id is 1 raw text is: SGAO Accountability* Integrity Reliability Decision Matter of: Intermagnetics General Corporation File: B-286596 Date: January 19, 2001 Leo Blecher for the protester. Michael Colvin, Department of Health and Human Services, for the agency. Marie Penny Ahearn, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly evaluated proposals on the basis of two unannounced criteria is denied where, although the first criterion was not specifically set forth in the solicitation, protester was on notice of it from discussions, and the protester failed to rebut the agency's position that the second criterion, a relaxed specification, was immaterial and not prejudicial to the firm. 2. Protest that agency improperly selected higher-priced proposal for award is denied where solicitation provided for award on a best value basis and agency reasonably concluded that the technical superiority of awardee's proposal warranted payment of its higher price. DECISION Intermagnetics General Corporation (IGC) protests the award of a contract to Oxford Instruments America, Inc. under solicitation No. NHLBI-PS-2000-631, issued by the National Institutes of Health (NIH), Department of Health and Human Services, for a 1.5 tesla (T) magnet and/or a gradient coil and its integrated shim coils, known as the gradient shim assembly, to be installed in the magnet. These components are part of a Magnetic Resonance Imaging (MRI) scanner for cardiac studies in large animal models.' The protester challenges the evaluation of proposals and award to a higher-priced offeror. 1 The magnet is a large, thick-walled cylinder approximately two meters long and two meters in diameter, with an opening of approximately 60 centimeters through which the research subject is passed. The gradient and shim coils are assembled in the (continued...)

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