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B-270774 1 (1996-04-22)

handle is hein.gao/gaocrptaeaz0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: The Regional Laboratory for Educational Improvement of the
              Northeast and Islands, Inc.

File:       B-270774; B-270774.2; B-270774.4; B-270774.5

Date:       April 22, 1996

Harry Sethna and Glen Harvey for the protester.
Marcia G. Madsen, Esq., Jessica C. Abrahams, Esq., and Stacey L. Bierstock, Esq.,
Morgan, Lewis & Bockius, for Brown University, an intervenor.
Jeffrey C. Morhardt, Esq., Department of Education, for the agency.
Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest that awardee's proposal does not comply with applicable statute relating
to the composition and authority of proposed governing board is denied where the
proposal shows that the awardee proposed a governing board that complies with all
statutory requirements.

2. Protest that awardee engaged in bait and switch tactic is denied where record
shows that key employee in question had submitted a letter of intent which the
awardee included in its proposal; awardee's post-award substitution of the key
employee because of the individual's unavailability is not objectionable where
record shows that individual was proposed in good faith, but became unavailable
for employment after contract award.

3. Protest challenging the evaluation of the awardee's proposal on various grounds
is denied where the record shows that the agency's evaluation was reasonable and
consistent with the evaluation scheme outlined in the solicitation and applicable
statutes and regulations.

4. Agency's cost/technical tradeoff is unobjectionable where record, when read as a
whole, shows that selection was based on fact that awardee's proposal was found
technically superior, offered greater level of effort, and was only slightly higher in
price.
DECISION

The Regional Laboratory for Educational Improvement of the Northeast and Islands,
Inc. (RLE) protests the award of a contract to Brown University under request for


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