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B-183746 1 (1975-06-02)

handle is hein.gao/gaobadcje0001 and id is 1 raw text is: K> pTHE COMPTROLLER GENERAL DECISIDN OF THE UNITED STATES NIT WASHINGTON. .C. 2054 FILE: B-183746 . DATE: June 2, 1975 MATTER OF: Datum, Inc. DIGEST: Firm protesting rejection of its proposal as outside competitive range is not entitled under 4 C.F.R. 20.2(a) to review of protest on merits since protest was filed more than five days after protester's receipt of notice of adverse agency action. Datum, Inc. (Datum),protests the rejection of its proposal .as unacceptable and outside the competitive range under RFP F04703-75-R-0009 issued on November 1, 1974, for a central timing signal generator by the Space and Missile Test Center (SMTC), Vandenberg Air Force Base, California. On March 13, 1975, SMTC gave noLice Lo Datum that its proposal was outside the competitive range since it: a. Did not reasonably address the essential and critical requirements of the solicitation thereby presenting no approach to be evaluated by the Government. b. Did not provide sufficient cost data and basis for estimate thereby precluding evaluation and consid- eration as to cost realism. c. Contained major technical or business defi- ciencies/omissions which could not reasonably be corrected without a complete revision of the proposal. On March 18, 1975, Datum appealed to the procuring activity asserting that its proposal was in full compliance with the terms of the RFP. By letter dated April 2, 1975, SMTC informed Datum that its proposal was still considered unacceptable. By letter of April 23, 1975, Datum filed its protest with this Office. 4 Code of Federal Regulations § 20.2(a) (1974 ed.) provides in pertinent part that: - 1 -

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