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B-206274.2 1 (1982-06-25)

handle is hein.gao/gaobadkkz0001 and id is 1 raw text is: Pt ...Eh .ea l. s,..t..irc /S,'..-: I\THEfi C:OMIRTtiOLI.!MMF 01-ERAL. IDECI SVDN 0 F THE UiMITKIL STATES ';',/ ASHiNGTDN, D. Q. 20540 \' * FILE: B-206274, 2 DATE: June 25, 1982 MATTER OF: CompuServe Data Systems, Inc.--Reconsideration ;' DIGEST: , Prior decision is nffirmed upon reconsideration in absence of any showing that decision was based on error of fact or law, CompuServe Data Systems, Inc. (Cs), requests reconsideration of our decision in CompuServe Data Systems, Inc., B-206274, May 20, 1982, 82-1 CPD 482. That decision denied CDS's protest of the decision of the Iminigration and atiiralization Service (INS) to awaru a contract for teleprocessing services to National Date: Corporation (NDC) under request for proposals (RFP) No. CO-13-D1. We agreed with CDS and the General Services Administration (GSA), which had delegated INS authority to issue the RFP under GSA's Basic Agreement for teleproc- essing services (BA), that the solicitation could rea- sonably be interpreted as having solicited prompt-payment discounts and indicated that the offered discounts would be evaluated. We stated CDS's offer of a 5-percent dis- count for prompt payment within 20 days which INS had failed to consider in evaluating CDS's offer was an eli- gible offer which should have been considered. lowever, we also determined that, even when CDS's discount was considered and deducted from CDS's cost pro- posal and another $15,000 allegedly invalidly added into CDS's proposal was deducted, NDC's offer remained the lowest cost proposal of two essentially equal technical proposals, since the evaluation scheme did not require award to the highest scored offeror, under these circum- stances we concluded that award to NDC as the low cost offeror was not unreasonable. CDS argues that our decision was erroneous. First, it contends that, since INS failcd to consider CDS's prompt-payment discount, INS acted inconsistent with the terms of GSA's BA duid, therefore, the GSA delegation of procurement authozity to INS was void and the contract LI ii 11 r

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