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B-190386 1 (1977-12-21)

handle is hein.gao/gaobadflm0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DE.CIIONr I., I7..r .CP THE UNITED ETATaE t /AB MINGTON. D.C. 205n9 FILE: B-190386 DATE: December d1, 1977 MATTER OF: Baden £ Co. I. DIGEST: 1. Rejection of best and final offer which proposed both the lowes; price for unacceptable method of performance aid an acceptable method at prtce higher than technically supcrior proposal of awardee provides no basis for protest. 2. Determination that proposal is in competitive range for discussion does not necessarily mean that proposal is acceptable as initially submit- ted but may indicate only that there is real Fasibility that it can be improved without major revisions to point where it becomes most acceptable. Baden & Co. (Baden) protests the contract award to Transportation and Economic Research Associates, Inc. pursuant to Request for Proposels (RFP) No. 7-36550 by the Office of Procurement, U.S. Department of Commerce. Baden argues that award should have been made to it because its technically acceptable proposal offered a price below that of the awardee. The RFP solicited fixed price proposals to conduct a 7 month study ev&luating the effectivene3ss of the minority business enterprise programs in 20 states which are partially funded by grants by Commerce's Office of Minority Business Enterprise (OMSE). The solicitation provided award would be made to that responsible offeror whose technically acceptable proposal had the most advan- tageous technical/price relationship in accordance with the specified evaluation criteria. It warned that award would not necessarily be based upon lowest price or on technical capabilities exceeding those needed for suc- cessful performance. -1 -

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