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In preparing their bid, Paradyne wrote in the present tense, as if the computer they proposed currently existed, rather than in the future tense, which would have indicated that the product was still under development. Paradyne claimed that the use of the present tense in its bid (which led SSA to believe that the P8400 actually existed) was acceptable, since it is common business practice to advertise products under development this way. Was this a new product announcement with a specified availability date? Is there a distinction between a response to a bid and company advertising? Is it acceptable to respond to a bid with a planned system if there is no indication when that system is expected to be available?






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