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B-198782 1 (1981-02-19)

handle is hein.gao/gaobadjdc0001 and id is 1 raw text is: 


                     %. THE-COMPTROLLER GENERAL

oECISIoN      K(22 AK   OF THE UNITED BTATEB
                        WASHINGTON, 0,.C. 20548




FILE:    B-198782             DATE: February 19, 1981

MATTER OF: United Computing Systems, Inc.


DIGEST:


1. Prior decision is affirmed because
     protester has not shown any errors
     of fact or law in conclusions that
     (1) agency's basis for its current
     resource utilization estimate was
     not shown to be unreasonable and
     (2) agency's plan to revise RFP to
     reflect revised estimate was proper.

 2. Agency's oral advice to offerors prior
     to benchmark concernina which trans-
     actions were to be measured in bench-
     mark test constituted adequate notice
     of what agency's requirements were.

 3. Protest against alleged defects in
     benchmark structure is untimely under
     4 C.F.R. § 20.2(b)(2) (1980) where pro-
     tester learned of basis of protest at
     first benchmark test but failed to file
     protest until after second benchmark,
     which was more than 10 working days
     after basis of protest was first known.

 4. Agency's action in requiring offeror
     to rerun two portions of benchmark
     test, in requiring offeror to make
     routine format change prior to rerun
     of portion of benchmark test, and in
     not providing offeror third opportunity
     to successfully complete benchmark
     test was reasonable and proper in view
     of RFP's express requirements, time and
     expense of tests, and no showing of
     sionificant equipment failure.

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