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B-196646 1 (1980-01-28)

handle is hein.gao/gaobabjra0001 and id is 1 raw text is: -GAO United States General Accounting Office Offic Washington, DC 20548 Gece of General Counsel In Reply'. Refer to: . -:196646 The Honorable .. John einz, 1iS United States Senator 2031 Federal Building 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222 JAN 28 1980 Dear Senator Heinz: We refer to your cofmtnication forwarding a. letter from the D & S Construction Company (D&S)- contending that the Federal Aviation Administration (FAA), Eastern Region, was guilty of bid rigging* due to the manner in which it conducted two of its procurements. The first procureent about which D&S complained-- for the Greater Pittsburgh Internatiohal Airport--Vas advertised in the Comerce .usiness Daily under invita- tion for bids No. EA-9-19, Bids werle Owned in mid- April 1979. Subsequently, the solicitation was can- celed due to a determination that the bid prices were excessive. After various requests for the submission of prices on a negotiation basis, an award was made to a firm other than D&S. D&S learned of the award, the FAA advises, in early August at the latest. Since it is the apparent contention of D&S that by asking for the submission of price offers on numerous occasions the FAA vas gulty .of *bid rigging,* we must conclude that the D&S allegation was untimely submitted to our Office and is not for our considera- tion. Our Bid Protest Procedures (4 C.F.R. 5 20.2(b) (2) (1979)) require that protests such as this be filed with our Office or the agency within 10 working days after the basis is known-or should b4#e been known. It is apparent that D&S was aware of the vartious requests by the FAA for unew price submissions well before the award in late July. Yet the protest of vt-MM ,b4_&-e3?69 LicorcLdiori

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