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B-177557 1 (1973-07-23)

handle is hein.gao/gaobaacxr0001 and id is 1 raw text is: 4 f * o 11 COMPTROLJLER GE3NERAL OF THE UNITED STATf WAUHI NGON, D.C. 50546 3-177557 July 23, 1973 Collier, Shannon, 3i111 and Edwards 1625 Eye Street, NW, Washington, D. C. 20006 Attention: Ronald Kolinq, Esquire Getlemen: By letter dated December 8,. 1972, and sub equent correspondence, you protested on behalf of Comten, Incorporated, against Modification Ho 2 to a contract bo.t'een the General Services Administration and Tenpo Computers, Incorporated. You contend that the modification con- stituted a contract award without regard to the applicable procedures reating to either advertised or negotiated procurenents. The General Services Adnintstration (GSA) pursuant to request for proposals (RWP) No. 3-FP-B3-N-E0222, awarded a nepotiated contract (flo. CS-035F-38601) to Tempo Computers, Incorporated (Tempo) on July 17, 1972. The contract provided for the procurement of 11 Regonal Com- munication Terminal? (O,CT) and 3 ?eosage Center Connunication Thrninalo (z:CcT) for Pa9sago Switching Centers ('SC). The contract was modified effective October 26, 1972, by Modifi- cation No. 2. This modification, in essence, provided for the procure- mont of additional RCTs for the United Staten Secret Service, Social Security Admin:.stration and the Veterans Administration. Although GSA does not concede your argument concerning the validity of the modification, it contends that your protest is without merit in any event since the circumstances justified a sole-sour:e award to Tempo under authority of 41 U.S.C. 252(c)(10), ihich authorizes negotiation where it is inpracticable to secure competition. In thin coanection, you contend that not only did the factual circumstances fail to justify dinpensing with fornal advertising pro-, cedures, but that the procurenent wfs invalid because it (lid not comport with corpeotitiva negotiating procedures. With regard to the first point, you contend that specifications and descriptions of equipment were available for the oSocial Security uyotema nd thus it '.s not impracticable to secure competition by formal advertising. Without purrutng this point further, you assert that even if a A:2 :3 1:- 3 ,/4 V V.eQO

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