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B-187160 1 (1977-12-13)

handle is hein.gao/gaobadflf0001 and id is 1 raw text is: 








                                         %. THE  C  MPTROLLER WSNSItAL
               DECISION                  .  OF   THE     UNITED ETATE
                               A            VWABHINGTON.J. C. 20548
                                   *I TS

N1
              FILE:      B-187160                 DATE:   December 13, 1977

              MATTER OF:          Joseph. Legat Architects


              DIGEST:

              1.  In reviewing issues concerning technical evaluation of propesals
                  GAO protest function is not to conduct de novo evaluation of
                  proposals, but to review record and consider whether agency's
                  evaluation and conclusions--which art entitled to considerable
                  'eight--are clearly shown to have no reasonable basis.

             2.   Objection in protest after award that RF? failed to show relative
                  weights of evaluation factors is untimely. Protests coheerning
                  apparent RFP improprieties must be filed prior to closing date
                  for receipt of proposals. Where protester raised questiona 'n
                  preproposal context but failed to receive what it considered
                  satisfactory answers, protester was charged with notice of
                  adverse agency action at time for receipt of best and final
                  offers at very latest.

             3.   Objections to qualifications of technical evaluation oanel--
                  mainly, that one evaluator was mare high school graduate-
                  are rejected.  GAO will not normally becowe involved in apprais-
                  ing qualifications of agency's technical ptrsonnel, and in any
                  avett sees nothing untoward in evaluator in present case--
                  Individual having eight and one-half years'.experience as
                  engineer-technician--being on technical panel.

             4.   Alleged improper intermingling of technical and selection
                  panels in negotiated procurement--same percon ncting as
                  chairman of both panels, and one evaluator also on selection
                  panel--is not shown to viol.ate any law, regulation or RFP
                  provision.

             5.   While GAO believes RFP could have been more explicit on exterior
                  finish requirements for housing project, proi-tster's contention
                  That Army relaxed requirements for benefit of one offeror is
                  not sustained.  Moreover, if protester had taken similar approach
                  as successful offeror, it would not, as contracting officer
                  points out, have significantly improved its competitive position.



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