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B-186668 1 (1976-09-16)

handle is hein.gao/gaobadczc0001 and id is 1 raw text is: mo THE COMPTROLLER GENERAL ODECISION . '' . OF THE UNITED STATES WASHINGTON, D.C., 2054B FILE: B-186668 DATE: September 16, 1976 MATTER OF: UCE, Incorporated DIGEST: 1. Agency determinations concerning merits of proposals are matters of agency discretion which will not be disturbed unless shown to be arbitrary or capricious. Protester's objection to only one of several grounds for finding that its proposal was unacceptable provides no basis for con- cluding that rejection of proposal was improper. 2. Solicitation provision requiring offeror to indicate if it is small business and clause requiring establishment of small business subcontracting program do not suggest that special consideration would be given small business in evaluation of proposals. Furthermore, contention that pro- curement should have been issued as a small business set- aside is untimely since it was filed subsequent to closing date for receipt of proposals. 3. Legality of prospective award unaffected by fact that awardee has received prior similar contracts. 4. Although agency's failure to numerically score all pro- posals received, as specified in solicitation, is inappropriate, protester was not prejudiced since evalua- tion board's narrative comments support agency's refusal to consider protester's proposal in competitive range. UCE, Incorporated (UCE) protests the determination by the Energy Research and Development Administration (ERDA) that UCE's proposal was so technically inferior as to be outside the com- petitive range under request for proposals (RFP) No. E(04-3)-1203, issued by ERDA's San Francisco Operations Office. The protester further contends that the solicitation should have been issued as a small business set-aside and that award should not be made to one of the firms selected for award because that firm currently holds a major contract for similar work and award to it would concentrate an unfair proportion of ERDA research and development funds in that firm. The protester further complains its proposal was rejected partially on cost grounds even though it was told - y

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