Protest of Evaluation Procedure

B-199939: Mar 13, 1981

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A college protested the evaluation procedure established in a solicitation issued by the Department of the Army to furnish a basic skills education program of instruction. The protester complained of the Army's inclusion in the solicitation of a clause concerning the evaluation of the compensation rates of professional employees. The protester argued that offerors could not compete on an equal basis unless the Army provided data regarding the incumbent's compensation rate structure. The record indicated that the Army did not have the incumbent's compensation data and that it advised the protester of this fact prior to proposal submission. The Army stated that, in the absence of such data, it would be unable to implement the disputed clause. Therefore, the inclusion of the clause in the solicitation was not prejudicial to the protester. Accordingly, the protest was denied.