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B-185345 1 (1976-03-25)

handle is hein.gao/gaobadddn0001 and id is 1 raw text is: 


                             ~  -~~THE COMPTROLLER GENERAL
(1M '    i~C6ISIN           OF THE UNITED STATES
                                    .'VWASHINGTON. 0         C.  20546
                             IN ITE0



         FILE:    B-185345                   DATE:      March 25, 1976

         MATTER OF:       Eocom, Inc.


         DIGEST:

         1.   Protest involving alleged specification defects,
              improper listing of procurement in Commerce Business
              Daily, and alleged improper preaward rulings is
              untimely filed under Bid Protest Procedures because,
              even if letter transmitted with protester's proposal
              is considered a protest, protester did not submit
              formal protest to GAO within 10 working days from
              date of receipt of Navy's adverse decision on alleged
              protest.

         2.   Although request by bidder or interested party for
              review of procurement procedures need not contain
              exact words of protest to be characterized as formal
              protest, request should reasonably be understood as
              lodging of specific exceptions to questioned pro-
              cedures.  Based on review of letter allegedly con-
              situting protest, encouragement of informational
              exchange, rather than filing of protest through
              listing exceptions, is seen.

         3.   GAO does not agree that untimely protest questioning
              propriety of brand name or equal specification or
              any other issue raised by protest involves questions
              of widespread interest sufficient to permit consid-
              eration of protest under significant issue exception
              to timeliness requirements of Bid Protest Procedures.


              On November 12, 1975, a protest was received from Eocom, Inc.
         (Eocom), against allegedly improper acts of the Naval Research
         Laboratory under request for proposals (RFP) No. N00173-75-R-B117
         which was issued on August 4, 1975, for a Scanning Michelson
         Interferometer System under a brand name (Carson Systems IAC
         Model 1000) or equal purchase format. Specifically, Eocom alleged:

              (1) The procurement should not have been made under
              the brand name or equal technique primarily because


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