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B-186098 1 (1976-08-03)

handle is hein.gao/gaobaddix0001 and id is 1 raw text is: p THE COMPTROLLER GENERAL DECIggIgON . . OF THE UNITED STATES / WASHINGTON. D. C. 20548 FILE: B-186098 DATE: August 3, 1976 MATTER OF: Metal Trades, Inc. 7VV DIGEST: 1. Where procurement was not advertised in Commerce Business Daily, where protester was not sent invitation because it was not within geographical area to which bidders were restricted, and where there is no evidence that protester knew of procurement prior to bid opening, protest against alleged impropriety in solicitation will be considered even though as general rule it should have been filed prior to bid opening since protest was filed within 10 days of when basis of protest became known to protester. 2. Geographical restriction on location of bidders allowed to compete on procurement was valid where procurement is pilot program of interdepartmental agreement thereby necessitating close cooperation and regular inspection by cognizant agency personnel to solidify procurement policy for future procurements. Metal Trades, Inc., protests the award of a contract for the repair and overhaul of an Army vessel under invitation for bids No. N62678-76-B-0076, issued by the Fifth Naval District, Ports- mouth,Virginia. The basis of the protest is that Metal Trades believes it unfair that the award for this work was limited to contractors located in the Fifth Naval District (the solicitation required that all contract work would be performed in that district), since the vessel was located in Charleston, South Carolina, near the protester's plant and outside of the Fifth District. Initially, the Department of the Navy contends that since the protest concerns a matter apparent on the face of the invi- tation our Bid Protest Procedures, specifically 4 C.F.R. § 20.2 (b)(1) (1976), require the protest, in order to be considered, to have been filed prior to bid opening, which was not the case. While the Navy has correctly stated the general rule, we do not believe it is applicable under the present circumstances. The

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