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B-281030 1 (1998-12-21)

handle is hein.gao/gaocrptahxu0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a I GAO Protective Order. This redacted version has been approved for public release. Matter of: Beckman Coulter File: B-281030; B-281030.2 Date: December 21, 1998 Alison L. Doyle, Esq., C. Stanley Dees, Esq., and Traci M. Vanek, Esq., McKenna & Cuneo, for the protester. Richard L. Moorhouse, Esq., Holland & Knight, for Spectrofuge Corporation of North Carolina, Inc., an intervenor. Michael Colvin, Department of Health & Human Services, for the agency. Jacqueline Maeder, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Award is improper where awardee's proposal does not conform to material solicitation requirements regarding preventive maintenance services, contract termination, and submission of a fixed-price offer. DECISION Beckman Coulter, Inc. protests the award of a contract to Spectrofuge Corporation of North Carolina, Inc. under request for proposals (RFP) No. 273-98-P-0008, issued by the National Institute of Environmental Health Sciences (NIEHS), Department of Health and Human Services, for on-going preventive maintenance, rotor inspection and emergency repair of Beckman scientific instruments/equipment at NIEHS, Research Triangle Park, North Carolina. Beckman challenges the agency's evaluation of technical proposals and asserts that Spectrofuge submitted a technically noncompliant best and final offer (BAFO) which the agency attempted to cure by engaging in improper discussions. We sustain the protest. The RFP, issued as a commercial item solicitation on May 20, 1998, contemplated the award of a fixed-price contract for a 1-year base period with four 1-year options for the maintenance, repair and relocation1 of certain scientific equipment lRelocation is described as the movement of an instrument from one location to another at the request of a user and returning the instrument to operational condition. RFP, Description and Specifications at 23-24.

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