Protest Alleging Unfair Evaluation of Proposal

A company protested a proposed contract award by the Department of Housing and Urban Development (HUD), claiming that its proposal to develop audio/visual aids, was unfairly evaluated. The company also sought reimbursement for proposal preparation costs and protest expenses. The protester contended that it was denied the award because of the agency's stereotyped views regarding minorities and women; that HUD relied on an evaluation criterion that was not specified in the solicitation; and that HUD improperly failed to indicate the nature of perceived weaknesses in the protester's proposal during oral negotiations. The allegation of discrimination was not supported by the record. The ability of the protester's personnel to establish a working relationship with agency personnel could properly be considered under the announced criteria. There was no indication in the record that meaningful negotiations were not conducted with the protester. Failure of certain agency officials present to join in the oral discussion was not objectionable, as the conference is not intended to be a formal hearing. Discussion is not required of deficiencies which cannot be corrected without major changes to the proposal. The protest and the cost claims were denied.