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B-191433 1 (1978-08-18)

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THE! COPVIPTROLLER   GENEERAL
OF  THE UNITED STATEB
WASHINoTON, .1.C. 2054E


13*191433


DATE:


Augst 1S,


MATTER   OF: Kirachner Research  Institute


VIOEST;
1.    Award of contract on basis of offer  which
      states no exception  to RFP requirements binds
      contractor to perform in accocdance  with such
      requirements.  Whether actual  performance so
      conforms is matter of contract  administration
      and is not for GAO cons.kderation.  -


Allegation that low
below-cost proposal
turb contract award


offeror may have submitted
is not proper bauis  to dis-
to that fivrm.


     Kirschner Research Institute  (Kirschner) pro-
tests the award of a copract   to the University
of Maryland  (University) 'under request for proposals
(RPP) No. ASD-1-78, issued by  the Depaxtment of
Health, Education, and Welfare  (HlEW) to provide
training and technical aesistance  to Head Start
grantees in HEW region XIT.

    The RFP r!quired that the contractcr's  Key
Personnel p'bvide a& least  240 days of effort
each.  In its technical proposal suhmitted  on
December 6, 1977, Kirschner stated:


Kirschner provides more person  days
of effort of key staff  than does the
university.  Kirschner, provides a
full benefit package  for its employees,
which consists of two weeks annual
leave, eight paid holidays,  and sick
leave as necessary.  This means  thnt
our commitment to provide  a person
full time results in the provisior.
of 240 days of their personal  effort
to your work (260 days in a year  -
10 days leave - 8 holidays    2 days


4


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