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B-187466 1 (1976-11-08)

handle is hein.gao/gaobadegf0001 and id is 1 raw text is: THE C lVPTRDLLER GENEMAL DF THE JNITED BTATLB WASHIN ATON, D. C. 20546 FILE; B-187466 DATE: november 8. 1976 MATTER OF: Postal Data Corporation DIGEST: Publication of notice of intent to procure in Commerce Business Daily is constructive notice to all parties, and protest that RFQ failed to pro- vide adequate time for offerors to respond is untimely pursuant to 4 C.F.R. § 20.2(b)(1) (1976) where protest was filed after closing date for receipt.of quoeatio.is. Dy mailgram dated September 20, 1976, the Postal Data Corporation (Postal Data) protested the award of, at:.unrecat under request for quotations (RFQ) T-30401 KS, issued by the Department of Commerce. The RFQ was synopsized in the Commerce Business Daily (C3D) on Septevber 3, 1976, with a closing date of September 15, 1976. Postal Data seates that it received the September 3, 1976, CBD on September 8, 1976, and requested a copy of the RFQ by return mail. It alleges that the RFQ was not received until September 15, 1976, the closing date for receipt of proposals. Therefore, Postal Data maintains that the RFQ was defective because of its alleged failure to allow sufficinnt time for prospective offerors to respond to the solicitation. Our Office has held that publication of an intent to procure in/the CBD in constructive notice to all parties. See -apitol Oil Company, B-185994, June 28, 1976, 76-1 CPD 415, and Del Norte Technology, Inc., B-182318, January 27, 1975, 75-1 CPD j3. With regard to protests based upon alleged tnproprieties in any type of solicitation which are apparent' pior to the closing-date for receipt of proposals, section 20.2(b)(1) of our Bid Protest Procedures, 4 C.F.R. § 20 (1976), provides in part that protests shall be fild prior to the closing date f,)r receipt of proposals. Because Postal Data knew on September 8, 1976, of the September 15th closing date, we5elieve it was incumbent upon Postal Daa to either obtain a copy of the RFQ in time to make a timely submission or protest the short closing time. Since Postal Data did not immediately obtain a copy of the RFQ or file its protest until after the closing date for receipt of proposals, it is untimely. - 1-'

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