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B-270774.3 1 (1996-06-17)

handle is hein.gao/gaocrptaeay0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision                                  DOCUMENT FOR PUBLIC RELEASE
                                         A protected decision was issued on the date below
                                         and was subject to a GAO Protective Order. This
                                         version has been redacted or approved by the parties
                                         involved for public release.


Matter of. Research for Better Schools, Inc.

File:        B-270774.3

Date:        June 17, 1996

Joel R. Feidelman, Esq., Catherine E. Pollack, Esq., and Nancy R. Wagner, Esq.,
Fried, Frank, Harris, Shriver & Jacobson, for the protester.
Marcia G. Madsen, Esq., John A. Burkholder, Esq., Jessica C. Abrahams, Esq.,
Morgan, Lewis & Bockius, for Temple University, an intervenor.
Jeffrey Morhardt, Esq., Department of Education, for the agency.
Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest that awardee's proposal does not comply with applicable statute relating
to the composition and authority of proposed governing board is denied where
record shows awardee proposed board meeting all statutory requirements.

2. Allegations relating to awardee's compliance with material informational
requirements in solicitation are denied where record shows that, in fact, awardee
provided all necessary information.

3. Protest that agency source selection official relied on documents that failed to
accurately embody the opinions of the agency's technical evaluators is denied where
record shows that documents presented to source selection official contained the
consensus conclusions of the technical evaluators.

4. Agency properly did not advise protester during discussions that aspects of its
proposal were not viewed as favorably as same aspects of awardee's proposal; such
relative weaknesses are not matters for discussion, as they do not relate to
deficiencies found to protester's proposal, but rather to fundamental differences in
the offerors' proposed solutions.
DECISION

Research for Better Schools, Inc. (RBS) protests the award of a contract to Temple
University under request for proposals (RFP) No. 95-040, issued by the Department
of Education (DOE) for the operation of a mid-Atlantic regional educational


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