Request for Reconsideration

A firm requested reconsideration and clarification of a prior decision. In that decision, GAO considered the propriety of the General Services Administration's (GSA) Master Terms and Conditions (MTC) Program for procuring automatic data processing (ADP) equipment. GAO found that the MTC was within the authority of the Administrator of GSA to coordinate and provide for the economic and efficient purchase, lease, and maintenance of ADP equipment, and that it was not contrary to federal law or otherwise detrimental to the government's interest. On reconsideration, the protester requested that GAO further address the question of conduct by GSA in administering the MTC program. The protester alleged that GSA had been inconsistent in its administration of the program in recent procurements. According to the protester, GSA had summarily rejected several of its proposals which deviated from the MTC, while accepting proposals from the protester and other offerors which also deviated from the MTC. GAO agreed that the actions of GSA could have caused confusion on the negotiability of the MTC. However, the recommendation that GSA cure the inconsistency by amending the MTC to explicitly provide for the acceptance of offers not in literal compliance with the MTC is not necessary, since the MTC program has already been revised to permit negotiation with respect to the method of meeting MTC requirements.