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B-201068.2 1 (1981-02-04)

handle is hein.gao/gaobabjyl0001 and id is 1 raw text is: COMPTROLLER GENERAL OP THE UNITED STATES WASHINGTON. D.C. 20548 B-201068.2 Febra4, 1981 E. J. P. Tierney & Company Security Assistance Forces & Equipment oHG P. O. Box 800 826 D-623 Frankfurt/Main 80 Federal Republic of Germany Attention: E. J. P. Tierney Gentlemen: This responds to your request that we reconsider our November 18, 1980 position that we would not consider your protest filed by letter of October 22 concerning all Air Force acquisitions of fire and security devices (FSC Nos. 4210 and 6530) in Europe, Contracting Region, Rheinland, Kaiserslautern FR Germany during fiscal year 1980. The basis of your protest was that the Air Force allegedly deliberately excluded your firm from the procurements. VWe noted that your protest failed to list the specific solic- itations an/or contracts as required by our Bid Protest Procedures,J4 C.F.R. § 20.1 (1980), and we suggested that you failed to file a protest within ten working days after the basis for protesting was known or should have been known as required byJ4 C.F.R. § 20.2(b)(2). You now maintain that you submitted Freedom of Infor- mation Act (FOIA) requests to the Air Force for ihformation regarding the acquisitions, receipt of which you assert is necessary to know the basis for the protest. However, the basis for your protest clearly is that the Air Force allegedly intentionally failed to solicit your firm to participate in the stated category of pro- curements. In your original protest letter you state that you are aware * * * that there were many awards during Fiscal 1903 for that equipment * * k. As we indicated in our November 18 letter, it was incumbent upon you to protest these awards as you became aware of them; our Procedures, designed to balance the need for a fair con- sideration of bid protests with the need for the orderly /S /'73

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