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B-184518 1 (1976-09-14)

handle is hein.gao/gaobadczk0001 and id is 1 raw text is: 0, THE COMPTROLLER GENERAL DECISION OF THE UNITED STATEB WASHINGTON. 0. C. 20548 FILE: B-184518 DATE: September 14, 1976 MATTER OF: Ackco, Inc. OI 0 OIGEST: Where one of four evaluators disqualified herself from evaluating protester's proposal because of potential conflict of interest, agency should have disqualified her from evaluating remaining propo- sals. However, protester's allegations of bias, impropriety and unfair treatment by agency evaluators are not supported by record. Two protests have been received by this Office from Ackco, Inc. (Ackco) regarding two contract awards by the Department of Health, Education, and Welfare (HEW). In both cases, the essence of Ackcois protest is that HEW evaluators conducted their technical evaluations of Ackco's proposals upon information which was inac- curate, prejudicial and hearsay in character, did not adequately investigate the basis of such unfavorable information and that the proposal evaluations were accomplished with the purpose of not awarding a contract to Ackco. Because they involve the same protester, the same agency and a number of similar grounds for protest, both cases have been consolidated for purposes of this decision. RFP 75-69 was issued by the Office of Education (OE), HEW on April 16, 1975 for proposals to develop a media kit for the Indian Parent Committees under the Indian Education Act of 1972, Title IV. The RFP proposed a cost type contract and provided that the proposals would be evaluated on the basis of technical factors and costs. The proposal's soundness, originality and clarity were to be of first importance, then personnel qualifications and lastly corporate experience in related studies. Offers were received from seven organizations, three of which were determined to be unacceptable. At this point, Ackco was evalu- ated as second highest with a score of 85. 66 and the ultimate awardee, XYZYX Information Corp. (XYZYX), was rated fourth highest with a score of 81.25. While the score of XYZYX represented the average of the four evaluators, the score of Ackco represented the average of only three since one of the evaluators disqualified herself from evalu- ating Ackco because she had a relative on the executive staff of that firm. -1- a. -

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