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B-180833 1 (1974-07-02)

handle is hein.gao/gaobadcdu0001 and id is 1 raw text is: 




DECISIOIN





FILE:   B-180833


THE COMPTROLLER GENERAL
  CF   THE UINITED STATES
1WASH INGTON. 0. C. 20546


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DATE: July 2, 1974


MATTER OF: Digital Equipment Corporation


DIGEST:


Protest by Federal Supply Schedule contractor
against GSA's refusal to add additional equip-
ment to existing contract schedule for automa-
tic data processing equipment is denied since
record does not establish that GSA abused its
discretion in determining that the additional
equipment offerings would not result in sub-
stantial economic benefit to Government. How-
ever, in view of allegations regarding unequal
treatment of suppliers and nonuniform approach
to determining economic benefit, information
is held for consideration in audit.


    Digital Equipment Corporation (DEC) has protested the
refusal of the Automated Data and Telecommunications Service,
General Services Administration (GSA), to amend that com-
pany's Automatic Data Processing (ADP) Schedule Contract No.
GS-OC-00162  by adding certain items of DEC equipment to the
Federal Supply Schedule dealing with General Purpose ADP
Equipment and Software.

    The contract was awarded to DEC on September 28, 1973.
On November 19, 1973, DEC proposed the addition of certain
ADP equipment to its ADP Schedule Price List. GSA accepted
some units for inclusion on the Schedule, but determined
that the other offered units did not provide sufficient
economic benefit to the Government to warrant inclusion in
the DEC Schedule Contract. DEC claims that sufficient
economic benefit is a phrase without definition, that the
various GSA contract negotiators apply different standards
in determining the existence of such a benefit, and that its
offerings do in fact provide economic benefit to the Govern-
ment.


    GSA reports that its policy, which was reflected in
the solicitation leading to the award of DEC's contract,
to require discounts from suppliers' established catalog
market prices as well as other terms and conditions more


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