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B-189570 1 (1977-11-23)

handle is hein.gao/gaobadfkc0001 and id is 1 raw text is: ~THE COJMPTRCLLER SIENERAL DECISlON .(i/a. oP THE UN!TMD ETATEE WASHINGTON. D.C. 2U549 .4- FILE: B-189570 DATE: November 23, 19r MATTER OF: Kaufman De Dell Printing, Inc. DIGEST: 1. Determination of date to be specified for receipt of proposals is watter of judgment properly vested in coatracting agenc. Where it appears that all offerors competed on equal footing, adequate time was allotted and sufficient information was provided for foxmulation of proposals, and there was no indication prior to data set for receipt of preposils that adequate competition would not be obtained, we cannot find that contracting officer acted arbitrarily or capriciously by not postponing date set for receipt of proposals until protester's Freedom of Informetion Act appeal had been resolved. 2. S4O has no authority under Freedom of Information Act to determine what information must be disclosed by other Government agencies. Freedom of Information Act confers exclusive jurisdiction upon Federal District Courts to order disclosure of appropriate documents. 3. Protest filed almost 2 months after date set for receipt of proposals alleging improprieties in solicitation is untimely under 4 C.±'.R. § 20.2(b)(1) (1977) and not for consideration on merits. 4. Question concerning small business size status of offeror is not for consideration by GAO since conclusive authority over such question is vested by statute in SEA. 5. Off eror shipped proposal in three separate packages. Two packdges arrived before time set for receipt of proposals. Third package arrived over 1 month la:er. After evaluating proposal documents contained in firpc two packages, procuring activity sent offeror rejection letter detailing reasons why proposal was considered to be technically unacceptable. Since offeror knew or should have known basis of protest - 1- I___III__

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