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B-192158 1 (1979-03-29)

handle is hein.gao/gaobadhar0001 and id is 1 raw text is: ~THE COMPTROLLER GENERAL DECISION. OF THE UNITED STATES WASHINGTON, D.C. 20548 tVTE B-192158 Techniarts IDIG ESJ:7 Pee (>/r1 frti' Protest that evaluation criteria were in- consistently applied and that protester's proposal should have been accepted because it was superior to and lower in price than awardee's is denied since record indicates agency had reasonable basis for rejecting protester's technical proposal as unaccept- able and outside the competitive range and therefore for not conducting discussions with protester. No obligation exists to conduct oral or written discussions with offeror whose propos.al is outside of com- petitive range. 2. Offeror's failure to identify and discuss qualifications of proposed operating per- sonnel properly may result in rejection of proposal without discussions when RFP identifies qualifications of assigned per- sonnel as second most important evaluation factor. 3. Contracting officer's failure to obtain approval to award contract while protest was pending at GAO was procedural defi- ciency which did not cause protester substantial harm. 4. Protester is not entitled to proposal prep- aration costs where record shows agency did not act arbitrarily and capriciously to deny protester award to which it was otherwise entitled. FILE: MATTER OF: DATE: March 29, 1979 1. -

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