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B-190498 1 (1977-11-15)

handle is hein.gao/gaobadfhw0001 and id is 1 raw text is: Vn aa KeR. THE COMPTROLLUR GUNERAL CECISION . OF TH1 UNITED BTATES WASHINGTON. D.C . 20540 1 FILE: B-190498 DATE: November 15, 1977 MATTER OF: Rockwell International DIGEST: Procest, filed afLer bid opening, under solicitation for 19 line items, four of which are sole-source to one firm because of Qualified Productn List (QPL) restriction, which firm was low bidder on all or none basis, is untimely filed under 4 C.F.R. I 20.2(b)(1), which requir-s protests based upon alleged improprieties apparent prior to bid opening be filed prior to bid opening, since solicitation contained no prohibition againct all or none bide and showed QPL requirement for items ir. question. Rockwell International (Rockwell) has protested any award under soli'zitation No. FTAP-B4-95026 issued by the General Services &dministration (GSA). Rockwell's proteit is basad on the contention that GSA improperly included four items i the solicitation, soliciting bids on 19 Portabla (lec-tic power tools, which were effectively sole-source items to Black & Decker Manufacturing Company (B&D) as the only firn on the Qualified Products List (QPL) for these four items. B&D submitted the low bid 'under the solicitation on an all or none basis. Rockwell contends that these four items should not be awarded but negotiated sole-source with B&D and that the award for the remaining items should be made to Rockwell based on its low all or none bid excluding the four sole-source items. Section 20.2(b)(1) of our Bid Protest Procedures (4 C.F.R. part 20 (1977)) requires that protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening shall be filed prior to bid opening. - 1 - I

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