About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-190516 1 (1977-12-09)

handle is hein.gao/gaobadfkz0001 and id is 1 raw text is: \ THE COMPTROLLER GENERAL 'A~ CECI1S1IMN j72/a.OF THE UN ITED B3TATIRS WASHINGTON. L-4.C. 20540 FILE: B-190516 DATE: December 9, 2977 MATTER OF: Banner Engineering Corporation OIGEST: 1. Protest filed with procuring activity after bid opening date alleging impropriety in solicitation (i.e., invitation for bids should have included partial sall buainess set- aside) is untimely under '4 C.F.R. 5 20.2(b)(1) (1977) and not for consideration on merits. 2. Decision as to whether procurement should be set aside for small business is wittin authority of procuring agency, not GAO. The Defense Construction Supply Center (DCSC), Columbus, Ohio, issued invitation for bids (IP'.) DSA700-77-B-1815 for cie procurement of 28,500 filtet elements. The solicitat!.on was provided to bidders whi:h could offer an item that had been tested and qualified on Qualified Products List 52308-8. September 26, 1977, was set as the bid optning date. By letter dated'October 5, 1977, Banner Engineering Corporation (Ban.der) filed a protest with the DCSC alleging in substance that the IFB should have included a partial set-aside for small business concetns. The contractling officer denied the pt1:,ast by letter dat.a October 17, 1977. Banner subsequently fileA a pro:est with our Office on October 25, 1977. The Defence LogistIcs Agency (DLA) states in s'ibstance that Banner's protest alleges, an impropriety in the solicit ition, and since the protest was not filed with the procuring actaiity until after the date set for bid opening, it is untimely under GAO's Bid Protest Procedures, 4 C.F.R. part 20 (1977), even though Banner's subsequent proteaL to our Office was filed within 10 working days after receipt of the contracting officer's letter. p I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most