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B-185884 1 (1976-07-26)

handle is hein.gao/gaobaddmj0001 and id is 1 raw text is: 



                   OLLER Cf
                /~       v  THE  COMPTROLLER GENERAL
DECISION        ..             =OF THE  UNITE D     STATES
                            WASHINGTON, D.C. 2054B


                                                      (91   O

FILE:   B-185884                   DATE:     July 26, 1976

MATTER OF:      Data 100 Corporation                    q


DIGEST:

1.    Where agency evaluates proposals on basis of lump sum
      monthly charges for rental and maintenance and one offeror
      includes all required maintenance in those charges while
      other offerors provide for separate charge for certain
      maintenance calls, proposals were not evaluated on common
      basis.  However, award is not disturbed where record indi-
      cates protester was not prejudiced in view of wide cost
      differential between proposed prices.

2.    Allegation that solicitation was defective for failure to
      provide Government estimate of anticipated maintenance
      calls is untimely under Bid Protest Procedures since it
      was not filed prior to closing date for receipt of proposals.


      This protest by Data 100 Corporation concerns the propriety
of the Department of Commerce's evaluation of proposed prices for
the rental and maintenance of specified types and quantities of
Remote Job Entry Terminals.

      The dispute between the protester and the agency arises
primarily from how the solicitation, request for proposals (RFP)
No. 6-35119, was structured. The solicitation schedule provided
for the quotation of lump sum figures, on a monthly basis, for
both rental and maintenance for an anticipated 5-year systems
life.  The solicitation also provided that:

      The Government requires on-call remedial
      maintenance during regular working hours
      of 7:00 a.m. to 6:00 p.m., Monday through
      Friday, exclusive of holidays observed at
      the Government location. Requirements for
      the maintenance of Remote Job Entry Termi-
      nals (Types I, II and V) shall be the same
      as above and in addition shall include on
      call maintenance twenty-four hours per day,
      seven days per week.


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