Matter of: Phenix Research Products

B-292184.2 Aug 08, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The agency undertook the corrective action after determining that more restrictive specifications may have been communicated to Para than were conveyed to other competitors. Phenix contends that its equipment complies with the RFQ's written specifications and that it is irrelevant that more restrictive specifications may have been communicated to Para. Which was issued as a combined synopsis/solicitation. Which was amended twice prior to the quotation due date. Of particular relevance to Phenix's protest are the specifications in the RFQ pertaining to incubators and water purification systems. One of each of which was to be furnished to each laboratory. Each vendor was notified of. This information was not conveyed to other vendors. View Decision Phenix Research Products, B-292184.2, August 8, 2003 DIGEST Attorneys DECISION Phenix Research Products protests the Agency for International Development's decision to terminate its contract under request for quotations (RFQ) No. CDC115-03-001. The agency terminated Phenix's contract in response to a protest by Para Scientific Company, a competitor under the RFQ, which argued that several of the items awarded to Phenix did not comply with solicitation specifications. The agency undertook the corrective action after determining that more restrictive specifications may have been communicated to Para than were conveyed to other competitors. Phenix contends that its equipment complies with the RFQ's written specifications and that it is irrelevant that more restrictive specifications may have been communicated to Para. We deny the protest. The RFQ, which was issued as a combined synopsis/solicitation, sought quotations for 27 sets of virology laboratory equipment to be furnished to medical laboratories in the Central Asian countries of Kazakhstan, Tajikistan, Kyrgyzstan, Turkmenistan, and Uzbekistan. The synopsis/solicitation, which was amended twice prior to the quotation due date, set forth detailed technical specifications for the various items of equipment sought, and provided for evaluation of quotations on the basis of price, technical compliance and quality, past performance, and warranty, in descending order of importance. Of particular relevance to Phenix's protest are the specifications in the RFQ pertaining to incubators and water purification systems, one of each of which was to be furnished to each laboratory. The synopsis/solicitation, as amended, set forth the following requirements regarding the incubators: Low-Temp Incubator (22-45C) with shaker capability for 96-well EIA plates; This could be: (1) a standard 96-well microplate incubator, specially designed for incubation of 2-4 microplates, with shaking regimen, or (2) a standard lab incubator capable to maintain interior temperature between 22 and 45C with a built-in interior outlet to place a microplate shaker inside. Modification 01 to Synopsis/Solicitation, Nov. 29, 2002, at 2. After receiving quotations from several vendors, the agency sought clarifying information regarding the equipment proposed by each. As part of this process, each vendor was notified of, and requested to confirm compliance with, the following additional requirements pertaining to the water purification systems: Water purification system. Please clarify i[f] the proposed item meet the below standards: In order to ensure proper water quality that would fit the needs of ELISA testing in Central Asia the water purification system has to meet the following requirements: it has to include a two-step water purification system with the 1st step based on Water Distillation (WD) or Reverse Osmosis (RO) and the second step based on filter deionization (a filter cartridge-based system) with the water output of Type 1 B-pure or Type 1 E-pure quality. Eight spare cartridges should be included in the package. The average water quality situation in Central Asia could be described as follows: Water hardness: 1,5 mg/L (however in some areas of Central Asia the water hardness could be as high as 20 mg/L). Total Dissolved Solids: 181 mg/L (could be as high as 1500 mg/L); chlorides 30,5 mg/L, sulfates - 36,0 mg/L. Agency E-mail, Jan. 21, 2003. In preparing its response to the agency's questions regarding its quotation, Para sought clarification regarding requirements pertaining to the shakers. In response to Para's inquiry, the agency notified Para (via e-mail) that it required an orbital shaker with a variable speed of 500-1,500 rpm. This information was not conveyed to other vendors. In its quotation, Phenix furnished pricing for an incubator with a temperature range of 5C above ambient temperature to 65C; an orbital shaker with a speed of 80-200 rpm; and alternative water purification systems, one including a first step based on reverse osmosis and the other not including a reverse osmosis or water distillation step.