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B-185411 1 (1976-07-14)

handle is hein.gao/gaobadcxb0001 and id is 1 raw text is: 

                             \ THE COMPTROLLER GENERAL
  DECISION                  .  DF  THE    UNITED       STATES
                          4   WASHINGTON, D. C. 20548




  FILE:     B-185411                 DATE:   July 14, 1976

  MATTER   OF:      Becker Instruments & Photographic Opt S


  DIGEST:

  1. Contention that protester was unfairly underbid is untenable
     in formally advertised procurement when all bidders had same
     information available in IFB upon which to base bids.

 2.  Where bidder excludes no end products from Buy American
     certificate in bid and does not otherwise indicate that it
     is offering anything other than domestic end products, acceptance
     of offer, if otherwise responsive, will result in obligation
     on part of bidder to furnish domestic end products, and com-
     pliance with obligation is matter of contract administration
     which has no effect on validity of contract award.

 3.  Assertion that successful bidder violated wage determinations
     is incorrect where hourly rate bid exceeded minimum wage require-
     ments provided by and under existing laws.

 4.  Protest challenging 400-mile radius in IFB is rejected as
     untimely, since protest was filed after bid opening and GAO
     Bid Protest Procedures provide that protest based upon alleged
     improprieties in solicitation which are apparent prior to bid
     opening must be filed before opening.

 5.  Inquiries concerning contract administration will not be
     considered since such matters are not for resolution under
     Bid Protest Procedures which are reserved for considering
     whether award, or proposed award, complies with legal requirements.


     The  Naval Supply Center at Oakland, California (NAVSUP),
 issued invitation for bids (IFB) N00228-76-B-4247 soliciting a
 microfilm and diazo microfilm duplicating and reproduction contract.
 Options in the IFB covered extension of the contract's duration
'-beyond the initial.1-year period under Lot I, adding 2 more years
under  Lots II and III. Although initially award would be made only


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