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B-275062 1 (1997-01-21)

handle is hein.gao/gaocrptaftb0001 and id is 1 raw text is: oComptroller 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: Eagle Design & Management, Inc. File: B-275062 Date: January 21, 1997 David M. Nadler, Esq., and Karen Lau, Esq., Dickstein, Shapiro, Morin & Oshinsky LLP, for the protester. Barbara S. Kinosky, Esq., Bean, Kinney & Korman, Leigh H. Turner, Esq., and James S. Phillips, P.C., for Herner & Company, an intervenor. Terrence J. Tychan, Department of Health & Human Services, for the agency. Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest concerning the evaluation of proposals is denied where the evaluation had a reasonable basis and was consistent with the solicitation evaluation criteria. The fact that the protester does not agree with the agency's evaluation does not render the evaluation unreasonable. 2. Protest of best value analysis is denied where the protest is predicated on the assumption that the underlying technical and price evaluations were erroneous, but the record shows that the evaluation results were reasonable. DECISION Eagle Design & Management, Inc. protests the award of a contract, on the basis of initial proposals, to Herner & Company under request for proposals (RFP) No. 263- 96-P(AH)-0012, issued by the National Institutes of Health (NIH) as a total small business set-aside for the operation of a public clearinghouse for NIH's Office of Alternative Medicine (OAM), and the development of a scientific and research database for OAM. Eagle contends that the agency improperly evaluated its proposal by failing to evaluate Eagle's alternate proposal in accordance with the RFP and by applying undisclosed evaluation factors, and that the agency conducted a flawed best value analysis. We deny the protest. 822221

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