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B-189603 1 (1978-03-15)

handle is hein.gao/gaobadfvl0001 and id is 1 raw text is: I THE COMPTROLLEfl 0EP bC CIICN OF THE UNIVUEfl CTXr,.ae WASHINGTON, 0.C. 2Jt49 FILE: B-189603 DATE: 4n:r:h 15, 1978 MATTER OF: New Hampshire-Vermont Health Service DIGEST: 1. Agency's determination that provisions of one of its regulations are not applicable to particular situation is clearly correct. Moreover, even if regulation was less than clear and subject to being construed to cover situation, agency inter- pretation of its own regulation wruld be entitled to great deference. 2. Extent to which offeror's proposed course of action was adequately justifind in proposal is matter within subjective judgment of agency pro- curing officials, and record affords no basis for concluding that agency's judgment that there was sufficient justification was un:easonable. 3. Allegation that price was improperly evaluated must fail where such allegation is directly re- lated to assertion that technical evaluation was also improper and it is found that technical evaluation was proper. 4. Request for clarifications from one offeror prior to formal technical evaluation which re- sults in submission of detailed data, withbut which proposal would not be acceptable, con- stitutes aiscussions- therebg necessitating discussions with and call for best and final offers from all offerors. 5. Where responsibility-type concerns such as prior company experience are comparatively evaluated in negotiated procurement, rule that responsibility determinations should be based on most current informtation available is also for application. 6. Where agency evaluates company experience by means of point scoring, but such evaluation does not take into account most recent ex- perience information which is in possession -1- - I>#

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