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B-215692 1 (1984-10-24)

handle is hein.gao/gaobadlzi0001 and id is 1 raw text is: 
                 0      THE COMPTROLLER GENERAL
OECIBION      -OF THE UNITED STATUS
                         WASHINGTON. 0. C. 20548




PILE: B-215692                DATE: October 24, 1984

MATTER OF:     Consolidated Food Management Co.


DIGEST:

  1.  Complaint that grantee failed to award a
      food management services contract to the
      firm offering the lowest management fee has
      no merit where the solicitation requested
      information regarding other cost factors and
      provided for the evaluation of such factors
      and possible negotiation, and thus did not
      contemplate that award would be based on
      management fee alone.

  2.   Complaint that grantee's procurement of food
      management services should have based award
      on low proposed management fee instead of on
      the criteria identified in the solicitation
      is untimely where filed after the time set
      for receipt of proposals.


      Consolidated Food Management Co. (CFM) complains that
  Monroe School District No. 103, Monroe, Washington failed
  to award it a contract to provide food management services
  for the district. The school district receives funds for
  its lunch program from the Department of Agriculture
  under the National School Lunch Act, as amended, 42
  U.S.C. SS 1751-1769(c) (1982). CFM contends that the
  solicitation provided that award would be based on the
  lowest offered management fee, and points out that it
  proposed the lowest such fee. CFM complains that the
  school district evaluated a host of other factors in
  deciding to award another offeror the contract.

       We deny the complaint in part and dismiss it in
  part.

       The solicitation clearly did not contemplate award
  based on the lowest offered management fee. In addition
  to requiring offers of a management fee, the solicita-
  tion required offerors to estimate their personnel and
  materials costs, and also provided for consideration of
  the school district's total food costs and income from

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