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B-189532 1 (1977-11-08)

handle is hein.gao/gaobadfhl0001 and id is 1 raw text is: L. Kozlnkoveki /A FL I THE COMP.ROLLER DENERAL cmCIs31N (½. OF THE UNITED UTATEE WASHINGTON. rs. C. 20548 FILE: 3-189532 DATE: November 8, 1977 MATTER OF: American Electrtc Construction Co., Inc. DIfEST: 1. Protester's telephone conversation prior to bid opening concerning allegedly restrictive IFB specifications was a timely protest to agency since conversation covered subject matter of protest. Therzfore, protest .sde to GAO within 10 Tforking days of bid opening (initial adverse agency actian) is timely. However, new conten- tion raised aftar bid opening is untimely and not for consideration. 2. Specification in'IFB for -electrical switchgear will no: be questioned by GAO since on basis of existing record it cannot be concluded that specificationsawere impossible to meet and not in accurdance with actual needs of con- tracting agency. American Elect:ric Construction Co., Inc. (American), protests against the awaLd of Project No. 402-047 at the Veterans Adminiutration Center, Togus, Maine. The bases of American's protest are that the specifications for the electrical switchgear cannot be met and that channeling under the existing high voltage transformer section, while the above is energized, violates safety requirements. Since Amer~can did not file its protest with this Office until after bid opening, the VA questions che tireliness of the protest. The record reflects that an employee of American telephonically con- tacted the Office of the contracting officer regarding the solictation prior to bid opening and was referred to the Project Engineer. American then contacted-the Project Engineer and asked for clarification on the electrical switchgear. The VA does not consider the telephone conversation to be a protest and feels the protest by American to this Office is untimely as having been filed after bid opening. The proper time to protest a defective solicitation provision under our Pid Protest Procedures is prior to bid opening. 4 C.9.R. 5 20.2(b)(1) (19/6). If a protest is timely filed initially with the contracting agency, any subsequent protest to this Office will be considered provided, inter alia, that the protent is filed with GAO within 10 working days of formal rotification of actual or constructLve knowledge of initial adverse agency action.

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