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B-183190 1 (1975-06-10)

handle is hein.gao/gaobadcii0001 and id is 1 raw text is: 

                           THE  COMPTROLLER GENERAL
DEClSIONl       .           OF  THE UNITED STATEs
                            WASHINGTON. D.C. 20548



FILE:    B-183190                 DATE:   June 10, 1975

MATTER   OF:  Department  of Labor Day Care Parents' Association


DIGEST:

1.   Department of Labor Day Care Parents' Association is an
     interested party under 4 C. F. R. S 20. 1 for purpose of
     protesting Department of Labor's award of contract for
     operation of day care center where fees paid by its mem-
     bers account for approximately 15 percent of total operating
     cost of center and nearly one-third of contract price.

 2.  Since appointment of panel members on the technical evalua-
     tion panel is matter within administrative discretion of
     agency, lack of parents' representation does not provide
     basis for objection to award of contract.

3.   Contention that award to offeror who received greatest number
     of points upon technical evaluation was improper because
     scor-es of    - nly one Of five panel members clearly4 fred that
     offeror's proposal is without merit since function of technical
     evaluation panel is to score proposals in terms of evaluation
     factors set forth in solicitation and not to arrive at consensus
     as to which offeror should receive award. Since source selec-
     tion authority had information regarding individual as well as
     total scores, determination to award on basis of highest total
     point score and lowest price was not improper.

 4.  Regarding contention that importance of attending final evalua-
     tion was not stressed to one of five panel members who chose
     not to attend, and that incumbent contractor would have received
     higher technical score if that member had been present, nothing
     in record indicates that nature of notification given that member
     was different from that given other panel members. In view
     thereof, and since there is no regulation precluding panel's func-
     tioning with less than all five members, no impropriety in con-
     duct of technical evaluation is shown.

 5.  Since there is no requirement that offeror's cost proposals be
     made available to technical evaluation panel, whose function is
     to evaluate technical merit of proposals against evaluation
     criteria set forth in solicitation, the failure to do so provides
     no basis for disturbing award.

                                              ,IUBLISItED DECISfON
                                - 1 -         4 .Comp. Gen.......

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