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B-176761(2) 1 (1973-01-24)

handle is hein.gao/gaobadvfc0001 and id is 1 raw text is:                    ~743

                       COMPTROLLER GENERAL OF THE UNITED. STATES
                                 WASHINGTON, D.C- 205A8




            B-176761                                     JAN 24 1973




            Dear Mr. Secretary:

                 E& aosod i. a q opy of our decision of today, denying the protest
            of Sociosetrics, Inc., under RVF o. NIH 72-4280(R), issued by the
            ational Institutes of Health.

                Whil 'we have denied the protest. your attention is .invited to
I'          the following cirtuxstances which*. be*eve,.reture sox   corrective
   ~ation.''

'1As noted in the decision, 0oly AST' s pro pos             , which received a
            coposit4 score of 83*out-of a possible 100'' vas determined to be
            within the cometitive range for- the proturemet -price and other fac-
            tore considered-, owever, the record also sh ws that the Program
ndsnam ge           t Officer, by semorandum of June 14, 1972, to the Contract
            StAff , stated that he w*ould be veiry conceraed if *any organization
   othor tbo one of the -top. four if. avorded the. contract.


   dSctsoni sball be emuaited with AIA respo~nsible off eors awo submit
   lPropoals -Wthin a co-aet. tive rage,. price and other factors considered.
   1twtheraor-v.. it thou1b*. rbmwdoi 'that the.ImiserY consideration inj
            nsgotiated procurements Is disc Ussion# with al.A offtrors within a con-
            peti tive6 range, so- #s, to obtain: m43dinmz practicable co iptition, and
            that borderline proposals should nOt be automatically excluded from
            consideration If they are.r soably- susceptible of being made acceptable
            by additionai -or clarify*g inforatiOn.. 5Ooap.. Gen.. 54-61 (1970).

                While the determination of .6 etitive range iS priirily a matter
            f or the -rocu..ring agency: to zake. the June 14 statement of the Program
            aonagemant Officer, tog ther with. -v14ence of .recrd that the second
            rsnked proposal rictiyod a composi.e, icore of 73 , .suggest that this
            proposal, and perhaps othirisi, m.aM4y :hae been reasmably ausceptible of
            beng sade aecceptable by disacussio.,. wW- thAt the6 proposal ihould,
            therefore, have been 'considpetd to. be' in the aorp.titive tange for the
   ......procur elmnt         °•.::




     ..5

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