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B-193527 1 (1980-09-22)

handle is hein.gao/gaobadior0001 and id is 1 raw text is: (0V.LER rt THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, O.C. 20548 FILE: B-193527 DATE: September 22, 1980 MATTER OF: International Business Machines Corporation--Reconsideration DIGEST: GSA action in accepting proposal deviating from literal terms of standard contract Master Terms and Conditions (MTC) in one procurement, while rejecting deviating proposals in other procurements, may have caused confusion on negotiability of MTC. Recommendation to clarify policy on accept- ance of deviating proposals, requested by protester, is not necessary, however, as MTC has been revised to provide for nego- tiation concerning literal compliance with requirements. Internatonal Business M chines Corporation (IBM) has reques reconsideration and clarification of our decsion in International Bu ness Machines Corporation, B-193527, October 23, 1979, 79-2 CPD 280. In that decision, we considered the propriety of the General Services Administration's (GSA) Master Terms and Con- ditions (MTC,program for procuring automatic data. processing equipment (ADPE). We found that the program was within the authority of the Administrator of GSA to coordinate and provide for the economic and effi- cient purchase, lease, and maintenance of ADPE, 40 U.S.C. § 759 (1976), and that it was not contrary to law or otherwise detrimental to the Government's interest. On reconsideration, IBM has requested that we further address the question of GSA's conduct in administering the MTC program. IBM alleges that GSA has been inconsistent in its administration of the program in recent procurements. According to IBM, GSA has summarily rejected several IBM proposals which deviated from the MTC while accepting proposals from IV

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