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B-288466 1 (2001-10-17)

handle is hein.gao/gaocrptamry0001 and id is 1 raw text is: 




          G    A     0                                                  Comptroller General
             SIntegrity Reliability                                     of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office            DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                   The decision issued on the date below was subject to a
                                                       GAO Protective Order. This redacted version has been
                                                       approved for public release.

          Decision

          Matter of: Sun Chemical Corporation

          File:        B-288466; B-288466.2; B-288466.3

          Date:        October 17, 2001

          David D. DiBari, Esq., Carlos E. Provencio, Esq., and Timothy P. Peterson, Esq.,
          Clifford Chance Rogers & Wells, for the protester.
          Scott Arnold, Esq., Harvey G. Sherzer, Esq., and Alan Sutton, Esq., Howrey Simon
          Arnold & White, for SICPA Securink Corporation, an intervenor.
          Marvin Kent Gibbs, Esq., Department of the Treasury, Bureau of Engraving and
          Printing, for the agency.
          Tania Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest that contracting agency improperly determined that protester's product
          failed to meet a mandatory technical evaluation criterion and rejected its proposal as
          technically unacceptable is denied where the record shows that the agency's
          determination was reasonable and consistent with the solicitation's stated evaluation
          criteria.

          2. Protest that contracting agency improperly failed to subject awardee's product to
          the testing required to evaluate that product under all of the solicitation's technical
          evaluation criteria is academic where the agency, during the pendency of the protest,
          proposes to take corrective action by completing the testing and evaluation of the
          awardee's product in accordance with the express terms of the solicitation.
          DECISION

          Sun Chemical Corporation protests the award of a contract to SICPA Securink
          Corporation under request for proposals (RFP) No. BEP-01-04, issued by the
          Department of the Treasury, Bureau of Engraving and Printing (BEP), to obtain
          black and green intaglio ink and varnish for application to new United States paper
          currency. Sun contends that the BEP improperly determined that its green ink failed
          to meet a mandatory health and safety technical evaluation criterion and rejected its
          proposal as technically unacceptable. Sun also contends that the BEP improperly
          failed to subject SICPA's inks and varnish to the testing required to evaluate its
          products against all of the solicitation's technical evaluation criteria.

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