Allegation That Awardee Was Permitted To Deviate From Solicitation Specification V. B-191433

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B-191433 1 (1978-08-18)

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THE! COPVIPTROLLER GENEERAL
OF THE UNITED STATEB
WASHINoTON, .1.C. 2054E

13*191433

DATE:

Augst 1S,

MATTER OF: Kirachner Research Institute

VIOEST;
1. Award of contract on basis of offer which
states no exception to RFP requirements binds
contractor to perform in accocdance with such
requirements. Whether actual performance so
conforms is matter of contract administration
and is not for GAO cons.kderation. -

Allegation that low
below-cost proposal
turb contract award

offeror may have submitted
is not proper bauis to dis-
to that fivrm.

Kirschner Research Institute (Kirschner) pro-
tests the award of a copract to the University
of Maryland (University) 'under request for proposals
(RPP) No. ASD-1-78, issued by the Depaxtment of
Health, Education, and Welfare (HlEW) to provide
training and technical aesistance to Head Start
grantees in HEW region XIT.

The RFP r!quired that the contractcr's Key
Personnel p'bvide a& least 240 days of effort
each. In its technical proposal suhmitted on
December 6, 1977, Kirschner stated:

Kirschner provides more person days
of effort of key staff than does the
university. Kirschner, provides a
full benefit package for its employees,
which consists of two weeks annual
leave, eight paid holidays, and sick
leave as necessary. This means thnt
our commitment to provide a person
full time results in the provisior.
of 240 days of their personal effort
to your work (260 days in a year -
10 days leave - 8 holidays 2 days

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