B-157083, JUL. 21, 1965

B-157083: Jul 21, 1965

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ON THE BASIS THAT THE SUCCESSFUL OFFEROR WILL PERFORM THE CONTRACT WITH PERSONNEL HIRED AWAY FROM YOUR FIRM PURSUANT TO THE REQUEST OF AN EMPLOYEE OF THE PEACE CORPS. ADVISED THE PROSPECTIVE OFFERORS THAT: "* * * SINCE THE ORGANIZATIONS RECEIVING THIS SOLICITATION HAVE HAD EXPERIENCE IN PRESENTING THE KIND OF PROGRAM FOR THE PEACE CORPS WHICH IS CONTEMPLATED. EVALUATION WILL BE MADE ON THE BASIS OF PRICE. * * *" IT WAS FURTHER PROVIDED THEREIN THAT A REASONABLE INSTRUCTOR-TRAINEE RATIO OF ONE TO SEVEN WOULD BE MAINTAINED AND THAT THE PRICE WOULD BE RENEGOTIATED IN THE EVENT OF A 10 PERCENT VARIATION IN THE NUMBER OF TRAINEES UNDERTAKING THE TRAINING TO BE PROVIDED. AWARD WAS MADE TO THE LOW OFFEROR ON JUNE 15.

B-157083, JUL. 21, 1965

TO SANZ SCHOOL OF LANGUAGES, INC.:

BY LETTER DATED JUNE 23, 1965, YOU PROTESTED AGAINST THE AWARD MADE BY THE PEACE CORPS TO THE INSTITUTE OF MODERN LANGUAGES UNDER A REQUEST FOR PROPOSALS DATED JUNE 2, 1965, ON THE BASIS THAT THE SUCCESSFUL OFFEROR WILL PERFORM THE CONTRACT WITH PERSONNEL HIRED AWAY FROM YOUR FIRM PURSUANT TO THE REQUEST OF AN EMPLOYEE OF THE PEACE CORPS.

THE REQUEST FOR PROPOSALS REQUESTED OFFERS FROM THE FOUR FIRMS IDENTIFIED IN YOUR LETTER FOR THE PRESENTATION OF LANGUAGE INSTRUCTION AT THE PEACE CORPS TRAINING CENTER, ARECIBO, PUERTO RICO, FOR THE PERIOD JUNE 23, 1965, TO OCTOBER 1, 1965, AND ADVISED THE PROSPECTIVE OFFERORS THAT:

"* * * SINCE THE ORGANIZATIONS RECEIVING THIS SOLICITATION HAVE HAD EXPERIENCE IN PRESENTING THE KIND OF PROGRAM FOR THE PEACE CORPS WHICH IS CONTEMPLATED, EVALUATION WILL BE MADE ON THE BASIS OF PRICE. * * *"

IT WAS FURTHER PROVIDED THEREIN THAT A REASONABLE INSTRUCTOR-TRAINEE RATIO OF ONE TO SEVEN WOULD BE MAINTAINED AND THAT THE PRICE WOULD BE RENEGOTIATED IN THE EVENT OF A 10 PERCENT VARIATION IN THE NUMBER OF TRAINEES UNDERTAKING THE TRAINING TO BE PROVIDED. ALL FOUR FIRMS RESPONDED TO THE REQUEST FOR PROPOSALS WITH THE RESULT THAT THE INSTITUTE OF MODERN LANGUAGES SUBMITTED THE LOWEST OFFER, FOLLOWED BY THE OFFER SUBMITTED BY YOUR FIRM. AWARD WAS MADE TO THE LOW OFFEROR ON JUNE 15, 1965.

WE ARE ADVISED BY THE PEACE CORPS THAT FOR PROJECTS OF RELATIVELY SHORT DURATION, OFFERORS DO NOT COMMIT THEMSELVES TO EMPLOY STAFF UNTIL A CONTRACT HAS BEEN AWARDED TO THEM. INFORMATION CONCERNING THE STAFF OF OFFERORS WAS NEITHER REQUESTED NOR SUPPLIED. SINCE THE PEACE CORPS HAD PREVIOUS CONTRACT EXPERIENCE WITH THE FOUR FIRMS WHICH WERE REQUESTED TO SUBMIT OFFERS, PRICE WAS THE SOLE EVALUATION FACTOR IN DETERMINING THE SUCCESSFUL OFFEROR WITHOUT REGARD TO STAFFING REQUIREMENTS.

WHILE YOUR FIRM MAY HAVE LOST THE SERVICES OF CERTAIN INSTRUCTORS BECAUSE OF THE AWARD MADE TO THE INSTITUTE OF MODERN LANGUAGES, THAT FACT HAS NO BEARING ON THE QUESTION WHETHER A VALID AND BINDING CONTRACT RESULTED FROM THE REQUEST FOR PROPOSALS, RATHER, IT IS A MATTER OF CONCERN OF THE EMPLOYERS INVOLVED.

ACCORDINGLY, UPON REVIEW OF THE RECORD BEFORE US, WE FIND NO LEGAL BASIS TO DISTURB THE AWARD.