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B-281030.3 1 (1999-04-09)

handle is hein.gao/gaocrptajfe0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Spectrofuge Corporation of North Carolina, Inc.--Reconsideration File: B-281030.3 Date: April 9, 1999 Richard L. Moorhouse, Esq., Holland & Knight, for the requester. Alison L. Doyle, Esq., McKenna & Cuneo, for Beckman Coulter, an intervenor. Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Disclosure of contract award price under prior decision sustaining protest does not provide any basis for General Accounting Office to modify recommendation that agency reopen discussions and solicit another round of best and final offers, because the risk of an auction is secondary to the need to preserve the integrity of the competitive procurement system through appropriate corrective action. DECISION Spectrofuge Corporation of North Carolina, Inc. requests that we reconsider our corrective action recommendation that the agency reopen discussions and call for another round of best and final offers (BAFO) in our decision Beckman Coulter, B-281030, B-281030.2, Dec. 21, 1998, 99-1 CPD 49. In that decision, we sustained a protest filed by Beckman Coulter against the award of a contract to Spectrofuge for preventive maintenance, rotor inspection and emergency repair of certain Beckman scientific instruments/equipment at a government facility, under request for propo sals (RFP) No. 273-98-P-0008 issued by the National Institute of Environmental Health Services, Department of Health and Human Services. We deny the reconsideration request. In the initial protest, Beckman alleged, among other things, that Spectrofuge's BAFO was technically unacceptable and that an August 13 post-BAFO meeting between a Spectrofuge representative and agency personnel constituted improper discussions and unequal treatment because the agency was thereby giving Spectrofuge an opportunity after the submission of BAFOs to remedy its noncompliant proposal. We sustained the protest because we found that Spectrofuge's proposal did not comply with the RFP requirements for maintenance services, included an unacceptable termination clause, and deviated from the RFP's requirement that offerors submit fixed prices. Specifically, Spectrofuge's proposal (at page 56) included a list of five Excluded Services and allowed either party to terminate

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