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B-275053.5 1 (1997-02-21)

handle is hein.gao/gaocrptafsw0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Orlando Business Telephone Systems, Inc. File: B-275053.5; B-275053.6; B-275053.7; B-275053.8 Date: February 21, 1997 James P. Hodges, Esq., James P. Gallatin, Esq., and Stephen P. Murphy, Esq., Popham, Haik, Schnobrich & Kaufman, for the protester. Laura K Kennedy, Esq., and Kelley P. Doran, Esq., Seyfarth, Shaw, Fairweather & Geraldson, for NEC Business Communications Systems, Inc., an intervenor. Jane Converse, Esq., Department of Veterans Affairs, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest against agency's post-protest reevaluation of past performance using new past performance reference for contract not listed in protester's proposal is denied where solicitation contemplated that agency would consider offerors' performance on other agency contracts for similar services whether or not offerors complied with solicitation requirement to list such contracts in proposals; fact that agency implemented stated intention only after protests had been filed is neither evidence of bias nor otherwise improper. 2. Protest against source selection based on agency's correction of offerors' summations of line item prices is denied where agency, anticipating that discrepancies were likely where offerors were required to complete 56 pages of detailed pricing schedules with hundreds of prices, advised offerors in solicitation that the agency would independently generate summary pricing tables and that only the unit prices, and not offerors' summations of their prices, would control. DECISION Orlando Business Telephone Systems, Inc. (OBT) protests the Department of Veterans Affairs' (VA) decision to terminate its contract and make award to NEC Business Communications Systems, Inc. under request for proposals (RFP) No. 101- 21-96, for replacement of the telephone system at the VA Medical Center, San Juan, Puerto Rico. VA determined that its award to OBT resulted from an erroneous evaluation of offerors' past performance and that, based on a proper evaluation, NEC is in line for award. 953313

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