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B-182397 1 (1975-02-12)

handle is hein.gao/gaobadcfj0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-182397 DATE: February 12, 1975 MATTER OF: Data 100 Corporation DIGEST: 1. Allegation regarding successful offeror's ability to comply with contract specifications is primarily for resolution by contracting agency and technical deter- mination of this nature will only be overturned where clear abuse of discretion reserved to contracting officer is shown. 2. Where pertinent portions of RFP and contract documents require mandatory 4-hour response time for optional alternative on-call, per-call remedial maintenance but contract, as executed, states that optional remedial maintenance will be performed on an as available basis, intent to be bound by all mandatory provisions cannot be discerned from a reasonable interpretation of all docu- ments and only conclusion to be drawn is that there was no meeting of the minds between awardee and procuring activity regarding optional remedial maintenance response time. 3. Since optional maintenance plan was not evaluated for award purposes and cannot conclusively be shown to be cause for awardee's lower price being offered, termi- nation of award is not warranted, but to eliminate possibility of future violation it is recommended that optional maintenance plan not be selected. On October 25, 1973, the procurement office of the Directorate of ADPE Selection, Electronic Systems Division, Air Force Systems Command, issued request for proposals (RFP) No. F19628-74-R-0028 for 180 data processing systems. On May 1, 1974, amendment 0012 was issued, which required the submission of an optional on-call, per-call remedial maintenance plan in addi- tion to the on-call remedial maintenance plan required by the RFP. Both remedial maintenance plans contained certain mandatory provisions which will be discussed in detail below. The RFP was issued to 75 vendors and in response, 6 proposals were considered for selection. All proposals were evaluated in accordance with the evaluation plan as set forth in the RFP and it was deter- mined that the award should be made to Honeywell Information Systems, Inc. (HIS). - 1

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