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B-187982 1 (1977-04-04)

handle is hein.gao/gaobadelt0001 and id is 1 raw text is: 



                                                            M ther  Prsybylak
                                                               Iroc. XI
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                                          THE -JgUggrfROLLL,, A      IPAL.
               D   CISION                 or  TH     UNITeSe         TEs
                             C            WAMINtTON. DC1         .  84
   CO


-              FILE:    B-138?93                DATE:  April 4, ir
               MATTER   OF:  Checchi and Company


               DIGIEST:
               1.   Despite erroneous coding of procurement as one for research
                    and development (R&D  statute governibg evaluation of propo-
                    . sals leading to award of R&D contract is not applicable where
                    procurement is actually for support services.
               2.   Evaluation of revised proposals by some but not all of those
                    who  evaluated original proposals, without discussion among
                    evaluators of their respective judgments, is not contrary to
                    applicable regulations or otherwise improper.
                    Where  offeror's lack of biomedical research experience is
                    Identified as propsrilweakneas. theie has been no change
                    from evaluation criteria expressed in terms of general scien-
                    tific experience since there is direct correlation between
                    stated weakness and more general evaluatim criterion.
                    When  discussions are held with offerors in competitive range,
                    agency in most casea is required to inform offerors of all
                    deficiencies and weakisses in their respective proposals.
                    Requirement  extends to offeror whose proposal, as initially
                    evaluat±.  is acceptable despite existence of some deficien-
                    cies, since offeror should be given opportuity to improve its
                    propoa.,
               5.   Although agency's failure to point out specific deficiency to
                    offeror was improper, award will not b disturbed where it
                    appears that offeror was not materially prejudiced in view
                    of significant technical and cost differences between it and
                    successful offerors.

               6.   Record does not support allegation that agency treated certain
                    aspects of competing proposals as deficiencies in one of them
                    but not the other.

                    Checchi and Company  (Checchi) protests the award of contract
   *           No. l-CP-65759 to Enviro Control, Inc. by the National Cancer
               Institute (NCI), Department of Healthp Education, and Welfare (HEW).
               Checchi alleges numerous improprieties in the procurement which, it
               suggests, reflect a bias in favor of the successful offeror.

                                             -l1-





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