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B-185659 1 (1976-11-02)

handle is hein.gao/gaobadefz0001 and id is 1 raw text is: (7\* *Ll T a c tv3PTflicLLtM 13&NUHAL DECISION lli . OF THE UNiT'iJ D SATE 4' WAOHINSTO', D,.,&*O54S FILE:% B185659 DATCE:' Novmber 2, 1976 MATTER OF: United Southeastern Tribeu, Inc. DIGEST: 1. Protest fileM after award which, in part, raises iseof eligibility'of Office of Native Amerian Programs' grahtee to receive Federal funds Is untimely and not for considtiation, Under Bid Proteut Procedures improprietiea apparent ii asolicita- tion must be protested prior to clusing date for receipt 'ofinitial proposals. flowever, fince underlying quention of eligibility of Lumbeen to rebeive' ederal grants funds under specific ONAP program raisesbroader question. of funding under Native American Programs Act of)1974, matter'is not governed by Bid Protest Pro- cedures and will be considered as separate cast. Comments from interested parties are solicited. 2. Prot at filed after award that solicitation wan deuigned to pre- vent iprotester from cbtaining awLrd due to provisio'ns in solici- \tation Is untimaly a' not for consideration on merits under Bid Protest Ptocedurea,.because protest agcinst alleged impropriety apparent in solicitation prior to initial closing date for receipt of proposals must be filed prior to initial closing data for receipt of proposals. 3. GAO'reviews protests against affirmativ determinations of responsibility cnly where, unlike hefe, there are allegations . of fraud or failure to apply definitive criteria of responsi- bility& 4. Where agency hs 'pointed out deficiency in proposal and afforded offeror.opportunity to revise proposal, discussions are meaning ful. Agency refusal to negotiate alternate method to provide required ansistance to ohe of 40 granteis of Office of Native American Programs opecifically listed in solicitation, after indicating unacceptability of exception IQ proposal to provide nuch services, coupled with cpportunity to submit revised proposal, was proper. - 1 - -la*

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