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B-214746 1 (1984-10-23)

handle is hein.gao/gaobadlzj0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECIUUON OP THE UNITED UTATES WASHINGTON, 0.C. 2054U FILE: B-214746 DATE: October 23, 1984 MATTER OF: Schneider, Inc. DIGEST: I. GAO reviews complaint by prospective contractor concerning award by recipient of federal assistance under cooperative agreement to insure compliance with statu- tory and regulatory requirements and terms of the cooperative agreement. 2. In negotiated procurement, award need not be made to the lowest cost offeror where request for proposals so provides and decision to award to higher cost offeror is reasonable. 3. Procuring agency is not required to permit offeror to rebut information that agency received from sources listed in offeror's proposal. 4. Where procuring agency has reasonably found awardee's proposal to be superior, protester has not met its burden of proving that procuring agency favored awardee. 5. GAO will not consider whether recipient of federal assistance under cooperative agreement was required to have its own protest procedure since failure to have such procedure would not affect award propriety. Schneider, Inc. (Schneider), complains of the award of a mechanical installation contract for the Heber Geothermal Binary Demonstration Project (-eber) to Bechtel Constructors Corporation (Bechtel), by the San Diego Gas and Electric Company (San Diego) under request for proposals (RFP) No. Y-423302. San Diego is constructing Heber pursuant to a cooperative agreement with the Department of Energy (Energy). Schneider alleges that it was the low, responsive and responsible offeror and that it is entitled to the con- tract award. 6-o3l U 9

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