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B-178295 1 (1973-10-18)

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         S-18295~                                         Ortober 318, 1M3



         The atch Institution
         101 S   treat, i 1
         t!khington, D. C. 20098
              Attentious Timothy L.. nkine
                          Chairmm
         Gactiemen:

             This Is in reply to your telefax masuage of April 30, 1973, and
         subsequent correspondence, protest.ng contract awards .male by the
         BasAl Business Administratibn (SBA)i pursuant to solicitation No. SBA-
         406-.LA-73-1.                              ,

             The solicitation, for manqemnt end technical aas:lstance to be
         rendered to individurls for tntorprises pursuant to section 406 of the
         Economic Opportunity Act of 1964 (42 U.S,90. 2906b), provided for tha
         award of 24 contracts, each covering a spcocific geographtcal area.
         All proposals received were submItted for aechnical evaluation, follwing
         which selection of the successful offerors was made by SA's 406
(        Policy Committee, Although you aubxttted prcposalo for aix create, you
         did not receive any of tho warda.

             You assert that a thorough aessesment cf bidder capability was
         apparently lacking, serious procedural irrogularitios seem to have
         pet arred, there was an apparent disregard for the otatutory mandate
         of he 406 program and there s vtrong evidoae to support a racial
         and ethnic bias in the result of the evaluation. On the basis of
         thee allegations, you protest all of theoawrsle made by SBA under
         the inst.nt solicitation.
                      I
             flowaver, our raview doea not disclose any irregularities or
         other deficiences tuch'as would invalidato any of the awvrds. The
         record uhows that all propoaals ware independcnt:ly evaluated by eaeh
         umber of a 3-man panel In accordance with the evaluation teriteria met
         forth in the aolicitatio, which provided for evaluation on thq basis
         of the quilificaitione of the staff propoaed to be used and the previous
         oxperience and cffectiveness of the offeror in providing the type of
         services being procured. ThB record further 0hows that for arian 5, 6,
         9 and AIl, awards qere made to offorora whose fiopoualm wire rated higher
         and priced lower ,hau yourpiposal. For area 2, your proposal was

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