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B-184683 1 (1976-06-10)

handle is hein.gao/gaobaddkw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECisiON ~OF THE UNITED STATES WASHINGTON, D. C. 20549 FILE: B-184683 DATE: June 10, 1976 90a MATTER OF: Starline, Incorporated DIGEST: 1. Protest filed with GAO also filed before court will be considered on merits despite presence of several untimely issues, since court has expressed interest in GAO decision. 2. Although contractual matters are statutorily exempted from rule making provisions of 5 U.S. C. § 553, Secretary of Labor has waived reliance on that exemption for rule making by his Department, thereby necessitating Department of Labor compliance with statutory provisions. 3. Question of whether Department of Labor order extending Washington Plan (for fostering equal employment opportunity through Federal contractor affirmative action plans) is subject to rule making requirements of 5 U. S. C. § 553 is not appro- priate for decision by GAO since (1) it involves legal issue of first impression; (2) courts are not in agreement on effect.of noncompliance with such requirements; (3) Washington Plan extension has been regarded as effective; and (4) matter is pending before U. S. District Court. GAO will consider Plan bffective as of date of publication in Federal Register. 4. Requirement in solicitation that bidders commit themselves to affirmative action provisions of Washington Plan, even though Plan had expired by bid opening date, was proper since contracting officer had been informed that Plan would be extended and solicitations may provide for specific future needs and contingencies. 5. Where agency issues telegraphic solicitation amendment one day before bid opening and telephonically notifies bidders of that fact who, without objecting, expressly acknowledge receipt of amendment, one bidder's assertion that agency did not issue written amendment and did not provide bidders with sufficient time to consider amendment is without merit. pn1TBSTHED DECISIONT 55 Cz:p. Gen. -1 -

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