About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-186984 1 (1977-03-01)

handle is hein.gao/gaobadekj0001 and id is 1 raw text is: 







                                  f F  1 THE COMPTROLLER CMNERAL.
  IADECISION               ..a              ~      ~  vne~e
                                      W AUHINOTON.        0.0  20548



            FILE:  B-186984                 DATE:   March 1, 197

            MATTER  OF:   Educational Projects, Inc.


            DIGEBT:

            1. Protester wh, was listed as subcontractor in rejected
              proposal submitted under agency solicitation is inter-
              ested party for filing protest. Moreover, subsequent
              untimely protest by offeror does not require that
              offeror be excluded from protest action because firm
              is interested party concerning subcontractor's timely
              protest.

            2. Effect of agency's error in f&lling to advise offerors
               thar-tt would accept a technicarly acceptable proposal
               which offered the lowest cost was to mislead protester
               into believing it could submlit high quality proposal in
               false hope of convincing agency of ito value. Neverthe-
               less, record shows that protester was wedded to its high
               quality approach and was not prejudiced by agency's failure
               to negotiate concerning its technically superior proposal,
               which exceeded the successful offeror's estimated costs
               by 25 percent.

            3. Adejtance  of lower rated tecihical ptoposal which
               allegedly redfce' prior year' level of training servfres
               is not objectioriableebecause protester failed to show that
               reduction was iriconsistent with solicitation requirements.
               While award docunment erroneously delbted material page
               of solicitation because of typographical error, contract
               has been amended to correct this mistake.

           4.  Insofar as protester's objectioa to contractor's level of
               effort is'dii ected to Government's specification, protest
               raised after submission of proposal is uuitimely. Moreover.
               specifications regarding quantity and Irvels of training to
               be fucnished is a dtdision for the conLracting agency
               rather than for GAO.

           5. Fact that contrator under protested procurement has large
               number of other contracts with agency provides no legal
               basis for objection.






   . -1



11U

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most