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B-298935.2 1 (2007-05-21)

handle is hein.gao/gaobaczwr0001 and id is 1 raw text is: 


  I

         G    A     0Comptroller General
L MA   Accountability * Integrity * Reliability                     of the United States
United States Government Accountability Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of: M.Braun, Inc.

         File:       B-298935.2

         Date:       May  21, 2007

         Thomas  Dobbins for the protester.
         Kenneth A. Redden, Esq., Environmental Protection Agency, for the agency.
         Nora K. Adkins, Esq., Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office
         of the General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         An agency is not permitted to consider a late quotation, where the solicitation
         contained a late submission provision that limited the agency's consideration of late
         quotations, and no exception to the provision applied.
         DECISION

         M.Braun, Inc. protests the issuance of a purchase order to Premier Technology, Inc.
         under request for quotations (RFQ) No. RFQ-DC-06-00339, issued by the
         Environmental Protection Agency (EPA), for a glovebox to be used by the EPA's
         National Enforcement Investigations Center in Denver, Colorado.

         We  sustain the protest.

         The RFQ, issued August 11, 2006 as a small business set-aside and a commercial item
         acquisition, sought quotations for a glovebox, which is a container that allows for the
         rapid identification of the exact chemical structure of hazardous substances in an
         isolated engineering controlled environment. Contracting Officer's Statement (COS)
         at 1. The RFQ requested fixed-price quotations and included the following
         evaluation factors in descending order of importance: technical capability, past
         performance and price. The RFQ incorporated by reference the standard
         Instructions to Offerors--Commercial Items clause of the Federal Acquisition
         Regulation (FAR) § 52.212-1, and required the submission of quotations
         electronically by 2 p.m., September 11, 2006. Vendors were informed that issuance
         of the purchase order [would be] based upon 'best value' methodology. RFQ at 2;
         Id. amend. 2, at 1.

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