B-198094, B-198094.2, NOV 18, 1980
B-198094,B-198094.2
Nov 18, 1980
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Highlights
PROTEST FILED AFTER CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS IS TIMELY BECAUSE PROTEST RESULTED FROM LATER "CLARIFICATION" EXTENDING DISPUTED NEW EQUIPMENT CLAUSE TO ENCOMPASS EQUIPMENT SUPPLIED BY LEASE RATHER THAN JUST PURCHASE. 2. REQUIREMENT FOR NEW RATHER THAN REMANUFACTURED ADP EQUIPMENT IS NOT UNDULY RESTRICTIVE OF COMPETITION BECAUSE AGENCY'S REFUSAL TO SPECULATE AS TO WHETHER REMANUFACTURED PRODUCT WOULD MEET CRITICAL NEEDS WAS REASONABLE. THESE DRIVES ARE NOT MANUFACTURED AS "NEW" EQUIPMENT. COULD HAVE BEEN FURNISHED AS "REMANUFACTURED" 3330-11 DRIVES WHICH WOULD HAVE FULLY MET THE GOVERNMENT'S ACTUAL NEEDS. A CONTRACT WAS AWARDED TO FEDERAL DATA CORPORATION NOTWITHSTANDING IBM'S PROTEST.