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B-294481 1 (2004-10-12)

handle is hein.gao/gaocrptapor0001 and id is 1 raw text is: 




         G     A    0                                                Comptroller General
             SIntegrity Reliability                                  of the United States
 ~ccountabthty Inert Rea iy
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: Worldwide Primates, Inc.

          File:       B-294481

          Date:       October 12, 2004

          Brooke Block for the protester.
          Douglas Kornreich, Esq., and Doris Gibson, Department of Health and Human
          Services, for the agency.
          Paul N. Wengert, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest is denied where an agency reasonably eliminated the protester's proposal
          from the competitive range because, even after discussions, the protester failed to
          submit a proposal that addressed the solicitation requirements.
          DECISION

          Worldwide Primates, Inc. protests the award of seven contracts by the Department
          of Health and Human Services, National Heart, Lung, and Blood Institute (NHLBI)
          under request for proposals (RFP) No. NHLBI-PS-2003-079. Worldwide primarily
          argues that the agency's evaluation of its proposal as technically unacceptable was
          unreasonable.

          We deny the protest.

          On July 30, 2003, NHLBI issued the RFP, seeking proposals to supply non-human
          primates, and to provide shipping, testing, and holding services for the animals.
          RFP § B. 1. The RFP contemplated multiple awards of indefinite-delivery, indefinite-
          quantity contracts. The procurement was conducted under the procedures for
          evaluation of commercial items in Federal Acquisition Regulation (FAR) Part 12.

          The RFP contained FAR § 52.212-2(a), specifying that award would be made to
          the responsible offeror whose offer conforming to the solicitation will be most
          advantageous to the Government, price and other factors considered and then
          specified weights for enumerated non-price criteria. RFP at 27-28. The RFP
          identified the following technical evaluation factors: demonstrated understanding of
          the magnitude and scope of work in the proposed technical approach (25 points); the

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