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B-197303 1 (1980-07-08)

handle is hein.gao/gaobadshe0001 and id is 1 raw text is: _ ' 7 THE COMPTROLLER GENERAL DECISION .OF THE UNITED STATES FILE: B-197303 OATE:July 8, 1980 MATTER OF: A.R.&S. Enterprises, Inc. DIGEST: 1. Protest after closing date for receipt of pro- posals that procurement for full food services should have been formally advertised rather than negotiated on basis of urgency is untimely under Bid Protest Procedures, 4 C.F.R. § 20.2(b)(1) (1980), requiring that protest alleging impro- priety in solicitation apparent prior to closing date for submission of proposals be filed prior to that date; protest does not satisfy signifi- cant issue exception to timeliness requirement since issue has been previously decided. 2. Whether contractor is performing in accordance with terms of contract is matter of contract administration for resolution by contracting parties and is not for consideration under Bid Protest Procedures. 3. Record contains insufficient evidence of Navy bad faith or partiality for successful offeror. Although several events cited by protester inured to benefit of successful offeror, mere speculation and conjecture as to Navy's motivations do not con- stitute independent proof required to sustain burden of proving case. 4. Agency properly amended RFP and reopened negotia- tions with all offerors to include minimum manning requirements to ensure adequate contract performance. 5. Failure of agency to comply with preaward notice requirements in DAR §§ 1-703(b)(5) and 3-508.2(b) is procedural deficiency which will not affect validity of otherwise proper award where protester was not prejudiced by absence of notice.

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