Protest Alleging Unfair Consideration of Proposal

The protester objected to the award under a request for proposals, alleging that unfair prejudice resulting from an investigation of certain alleged improprieties denied it fair consideration of its proposal. The allegation that the investigation unduly prejudiced the rating panel's evaluation of the protester's technical proposal was not supported because the record of the evaluation indicated that the proposal was fairly and honestly considered and that the protester's exclusion from the competitive range was based upon a proper exercise of administrative discretion. The validity of the award was not affected by the agency's failure to comply with procedural requirements for making awards after notice of protests.