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B-413982.4,B-413982.6 1 (2017-11-29)

handle is hein.gao/gaobadujs0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                   Comptroller General
Washington, DC 20548                                              of the United States
                                          .......................................................................................................................
                                             DOCUMENT FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   Fisher BioServices, Inc.

File:        B-413982.4; B-413982.6

Date:        November 29, 2017

Stephen E. Ruscus, Esq., Donna Lee Yesner, Esq., Suzanne E. Bassett, Esq., and
Katelyn M. Hilferty, Esq., Morgan, Lewis & Bockius LLP, for the protester.
Keith R. Szeliga, Esq., Matthew W. Turetzky, Esq., Adam Bartolanzo, Esq., and Ariel
Debin, Esq., Sheppard Mullin Richter & Hampton LLP, for Precision Bioservices, Inc.,
the intervenor.
Brian C. Caney, Esq., and Anthony E. Marrone, Esq., Department of Health and Human
Services, for the agency.
Peter D. Verchinski, Esq., and Amy B. Pereira, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest challenging the agency's evaluation under the technical evaluation factors is
denied where the evaluation was reasonable and in accordance with the solicitation's
evaluation criteria.

2. Protest alleging that the awardee had an unequal access to information
organizational conflict of interest through receipt of proprietary information regarding the
protester's methodology for storing samples is denied where the protester fails to
present sufficient facts indicating the existence of a conflict of interest, and where the
contracting officer reasonably found no conflict existed.
DECISION

Fisher BioServices, Inc., of Rockville, Maryland, protests the award of a contract to
Precision Bioservices, Inc., of Frederick, Maryland, under request for proposals (RFP)
No. NIH-NIDDK-KUH-ASB-2016-19, issued by the Department of Health and Human
Services, National Institute of Child Health and Human Development, for the National
Institute of Diabetes and Digestive and Kidney Disease (NIDDK) biosample and
genetics repositories. Fisher challenges the agency's evaluation of proposals and
source selection decision.


We deny the protest.

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