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B-186660 1 (1976-10-20)

handle is hein.gao/gaobadefo0001 and id is 1 raw text is: ki & I. M..- I a 1 THE COMPTROLL(IF OENMRAL D ECISlION* . ff. oF THE UNIT D STATES WASHINGTON, E,3a, 92054 FILE: B-186660 DATE: October 20, 1976 MATTER OF; Elgar Corporation D1IEST:* 1. Where both offerors perform benchmark test uider relaxed RFP standards, GAO finds no prejudice to either offeror and no corrective action must bp taken in instant case, However, recommendatton is made that in future when determination is made to relax or change standards in solicitation, amendment should be issued advising all offe:rs of such change. 2. GAO agrees with procuring agancy that diacuasion with offeror on date of be t and LInal offers as to what unit was proposed and subsequent changing of of.eror's propcsal conatituted reopenitg negotiations, not mere clarifi2ation, and other offeror should bave ben given further opportunity to discuss. Therefore, another round (f beat and fInal offers should be requested to cure deficiency in procurement. The Social Security Administration (SSB',, Baltimoreb Maryland, issued request for proposals (RFP) No. SSA-IRFP-76-0244 for the delivery and installation of ix 37.5 KVA uninterruptible power supply units. Of the three proposals which were received in response to the RFP, the proposals of Elgar Corporation (Elgar) and Emerson Electric Co. (Emerson) were foind to be technically acceptable. Elgar bas protested the award of a contract to any firm other than itself for variods reasons which will be discussed below. The procurement has progressed to the stage that beat and final offers have been submitted and SSA is currently wIthholding award pending our decisioI. Elgar's Initial 'asia of protest is that Emerson was granted an extension 4f time to successfully perform a preaward benchmark test required by the RFP and, therefore, gained an unfair cost advantage over Elgar, which performed the benihmark within the time required.

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