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B-186672 1 (1976-12-15)

handle is hein.gao/gaobadehp0001 and id is 1 raw text is: THU OGVtMgWVNCLLEN aUNUMAL a AUISIO * .OP THU UNITED Un?..0 :WaNIN yON. t.C. .WES : -186672 DATE: DTstb 15, 39T MATTER VV; Control Data Corporation ODSaT: Proteit against a rd .f soAtrct by prime contractor of Vatiunal SciM !oundation (NSF) is not for considerationc by.Gad3under standards aetablished in Optim= SSystes Inc..-54-Comp. Sin. 767 (1975), because rtse contractor was not acting as purchasing aSent of NSF. award was not made for 77r, nor Is fraud or bad faith I NSF's approval of subcontract award shown. . C tol'r Data o has protepted, against the award of subcontract to, Cray R rch, Inu. ( sy), for a fifth gen- erion comuter syetm under request for proposals (REP) ho. 1-76, issued by the Univei'atty Corporation for Atmospheric Research (UCAR), a prim contractor of the National Science Foundation (NSF). CDC contends that the subcontract should be iuled invali because UCAR abused Its didcretion in' relaxing mandatory RP terms and condgions for thet benefitof jray ithodt advising'CDC.. 'C all ge-a a r of seveIral technical apecificaias, watarig down ofh nubcotract default provisions,. elaxation ofthe liquidated damages clause, and a 'change in the method'of acquisition from linguato purchase ordisase. UCAR and NS'` den that CD1) was treated uifairly and' assert tht the procedure followed by UCAR-discussions wih the offerors,.aubmisuion of best and'\fiual offers and final uczotiations with 'the selected offeror, Cray-va-propier and in fact ptrallels closel negotiated prdcure&nt procedures used at the Federal level by'th aitid 11i Aonau es'and Space rAdministra- tion (NASA). -Sea rperrynRand Coapl.atioK(bk19&c Division),e a., .54 Coup. Gen.4408 (1974), 74-2 'CPD 276. CDC dq\tgreeu. citing among other authorities Union'Abidt corporation, 55 Comp. Gen. 802 (1976), 76-1 CPD 134, wahere our OffJica found'that NASA did not follow the basic ground rules laid dous in a negotiated procurement. The threshold question is whether our Office should exercise jurisdiction in this mafter. In Optimu Systems, Inc., 54 Comp. Gee. 767 (1975), 75-1 CPD 166, we stated (quoting from the third digest): -v1l- ,. ' I ' '

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