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B-299859 1 (2007-09-12)

handle is hein.gao/gaocrptaugv0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                        of the United States
United States Government Accountability 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: Alpha Genesis, Inc.

          File:        B-299859

          Date:        September 12, 2007

          Richard Moorhouse, Esq., Dorn C. McGrath, III, Esq., and Sean M. Connolly, Esq.,
          Greenberg Traurig, LLP, for the protester.
          Daniel J. Kelly, Esq., and Gary J. Campbell, Esq., McCarter & English, LLP, for
          Charles River Laboratories, Inc., an intervenor.
          Krystal A. Jordan, Esq., Department of Health and Human Services, for the agency.
          Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest challenging agency's technical evaluations is denied where the record
          supports the reasonableness of the evaluations and does not support the protester's
          allegation regarding inadequate discussions.

          2. Protest that awardee's proposal contains material contingencies that make it
          improper for the agency to accept it is denied, where the record shows that the
          alleged contingencies concern a lease that the contractor was to obtain post-contract
          award and the acquisition of leased property for which the awardee had obtained a
          letter of commitment.
          DECISION

          Alpha Genesis, Inc. (AGI) protests the award of a contract to Charles River
          Laboratories, Inc. (CRL) under request for proposals (RFP) No. NIAID-DIR-07-52,
          issued by the Department of Health and Human Services, National Institutes of
          Health (NIH), National Institute of Allergy and Infectious Diseases (NIAID) for the
          maintenance of a free-range, island-based breeding colony of Rhesus monkeys and
          the transportation of the animals to NIAID and other facilities. AGI challenges
          various aspects of the agency's evaluation of its and the awardee's technical
          proposals and alleges that the awardee's proposal contains material contingencies
          that made its acceptance by the agency improper.


We deny the protest.

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