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B-185884 1 (1976-10-21)

handle is hein.gao/gaobadefq0001 and id is 1 raw text is: kL*4-- TIHE CGIVIFTR401LIES GENSAL DISF':BI0 12d .0 OFPTHE tJN ITH D STAT593 W ASBHI N GTON I 1, C,2 0 54 E FIL: 8185884 DT:October 21, 1976 .MATTEM OF: Data 100 Corporation' #sconsidelration Prior decision holding that while propouals were not evaiuctad on common basis award would not be diaturbed where pr'otester was not prejudiced,is affirmed, since contract termination is not.regarded as appropriate where deficiency did not result A award that otherwise would not have been made, and since various other contentions made by protester do not warrant modification of decision. The protester hans requested reconsideration of: h)e ,decision of July 26, 19761, B-185084, 76-2 CPD 80, iasued in &>onse to its protest under DepartmenV of Commecrop (Conmmaice) request for proposals No. 635119. 'The initial protest involved the propri- ety of that agency's evaluation of proposed prices for rental and macittitenance of specified types Lind quantities of Remote Job Entry Tenrinals. The solicitation required oni-callk remedial maintenance during,teg'ular working hours, and further provided that for terminal types 1, II, and V$ on-call maintenance was required, 24 hours per dayo 7 days per week. ,-The protester's,offer con- .tained lump sum monthly rental and ainrtenance figures for the equipment .it was offering, while thei ,auc'cessful offeror submitted lump Sum mon'thly figures and a statemant ttht it would charge $125 per call for all maintenance calls o'utside regular working hours (referred to as principal period-maintenance LarnI..l alls). Awfard was made to the successful offeror on the basis of ite. low eiaiuated monthly charges without regard to the charge for non-PPM calls.. The protester alleged that the solicitation provided only for the submission of total monthly charg% s for all equipment rental and maintenance, and that since the protester's price included all 1 required maintenance while th6 successful offeror's prices fatted to include the cost of non-PP.M calla$ proposals were not evaluated on a common basis. It

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