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B-202813.2 1 (1982-07-07)

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                 FILL':       B-20281392       DATE: July 7, 1982

                 MATThR OF:     Sperry Univac -- Reconsideration

                 DIGEST:
                      Agency statement that it would be unrealistic             rN

                      to expect it to exercise all options within
                      a two-year period, even though the evaluation
                      criteria provided for evaluation on the basis
                      of option exercise by the 24th month, does                K4
                      not mean that the criteria themselves were                 -
                      unrealistic ,)r that a more reasonable basis
                      for evaluation existed.

                      Sperry Univac requests reconsideration of our
                 decision, Sperry Univac, B-202813, March 22, 1982,
                 82-1 CPD 264p deny ng perry's protest of the re-
                 jection of its low offer and award to the second
                 low offeror, Paradyne Corporation, under request
                 for proposals No. SSA-RFP-80-0253 issued by the
                 Social Security Administrtotion (SSA).

                     We concluded that the coutracting officer prop-
                 erly rejected Sperry's revised best and final offer
                 under this solicitation for telecommunication termi-
   ,             nals because it did not conferm to the maintenance
                 pricing structure mandated by the solicitation and,
                 further, that SSA was not required to reopen discus-
                 sions with Sperry because that firm's revised best
                 and final offer deviated significantly from its
                 earlier proposals.

 5',                 Sperry contends that our decision ignored its
 I)              argument that the evaluation criteria were defective.
                 This defect in the solicitation, Sperry argues,
.1,3             only came to light in SSA's report on the protest,
                 when SSA stated that the solicitation provision
.                indicating-that for evaluation purposes all options
.?              would be considered exercised in month 24 was un-
11.              realistic and that the agency never intended to



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