B-198094,B-198094.2: Nov 18, 1980

A company protested the provision in a request for proposals (RFP) which provided that only new equipment could be offered to meet a requirement for a time sharing system. A contract was awarded notwithstanding the protest. The procuring agency claimed that the company's protest was untimely because it was filed after the closing date for the receipt of initial proposals. However, because the agen...

B-198094,B-198094.2: Nov 18, 1980

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 REMANUF...