B-178948(2), OCT 26, 1973

B-178948(2): Oct 26, 1973

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IT IS OUR POSITION THAT PRICE MUST BE CONSIDERED IN A NEGOTIATED FIXED-PRICE PROCUREMENT AND THE RELATIVE WEIGHT TO BE ACCORDED PRICE IN THE EVALUATION PROCESS MUST BE STATED IN THE RFP. SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF LINGUISTIC SYSTEMS. THE MATTER WAS THE SUBJECT OF A REPORT DATED AUGUST 14. IT CAME TO OUR ATTENTION THAT ALTHOUGH A FIXED-PRICE CONTRACT WAS CONTEMPLATED. AWARD WAS MADE IN THIS CASE TO THE ONLY TECHNICALLY ACCEPTABLE OFFEROR AND. PRICE WAS NOT A SIGNIFICANT FACTOR. IT IS OUR POSITION THAT PRICE MUST BE CONSIDERED IN A NEGOTIATED FIXED-PRICE PROCUREMENT AND THE RELATIVE WEIGHT TO BE ACCORDED PRICE IN THE EVALUATION PROCESS MUST BE STATED IN THE RFP.

B-178948(2), OCT 26, 1973

ADVICE OF DENIAL OF PROTEST OF LINGUISTIC SYSTEMS, INC., AGAINST THE REJECTION OF ITS PROPOSAL UNDER RFP SRS-73-15, ISSUED BY THE SOCIAL AND REHABILITATION SERVICE, WASHINGTON, D.C. IT IS OUR POSITION THAT PRICE MUST BE CONSIDERED IN A NEGOTIATED FIXED-PRICE PROCUREMENT AND THE RELATIVE WEIGHT TO BE ACCORDED PRICE IN THE EVALUATION PROCESS MUST BE STATED IN THE RFP.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF LINGUISTIC SYSTEMS, INC., AGAINST THE REJECTION OF ITS PROPOSAL UNDER REQUEST FOR PROPOSALS (RFP) SRS-73-15, ISSUED BY THE SOCIAL AND REHABILITATION SERVICE, WASHINGTON, D.C. THE MATTER WAS THE SUBJECT OF A REPORT DATED AUGUST 14, 1973, FROM YOUR ACTING DEPUTY ASSISTANT SECRETARY FOR GRANTS AND PROCUREMENT MANAGEMENT, OASAM.

HOWEVER, DURING THE COURSE OF OUR REVIEW, IT CAME TO OUR ATTENTION THAT ALTHOUGH A FIXED-PRICE CONTRACT WAS CONTEMPLATED, THE EVALUATION FACTORS STATED IN THE RFP GAVE NO CONSIDERATION TO PRICE. AWARD WAS MADE IN THIS CASE TO THE ONLY TECHNICALLY ACCEPTABLE OFFEROR AND, AS SUCH, PRICE WAS NOT A SIGNIFICANT FACTOR. IT IS OUR POSITION THAT PRICE MUST BE CONSIDERED IN A NEGOTIATED FIXED-PRICE PROCUREMENT AND THE RELATIVE WEIGHT TO BE ACCORDED PRICE IN THE EVALUATION PROCESS MUST BE STATED IN THE RFP. SEE 49 COMP. GEN. 229 (1969).

WE TRUST THAT APPROPRIATE STEPS WILL BE TAKEN TO REMEDY THIS SITUATION.