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B-189837 1 (1977-12-23)

handle is hein.gao/gaobadfnb0001 and id is 1 raw text is: THU COMPTaNCLA N UWNEWAL CECIUION . 2:O TH : UNIT¶0 STAY W A 0MI 1N 0 O3N, .C -. Z 0 0 4 a FILE; 3-189837 DATE: DeeWbr 23, 1977 4 MATTER OF: & 0 Industries, Inc. DIGEST: Untimely protest questioning propriety of agency's conuideration of hand tool ranufacturea of steel mined in United States as foreign, for purposes of applying evaluation factor under Buy American Act, does not raise issue signifiedat to procuresent. practice, Protester's asserted lack of knowledili of filing requirements is not good cause for ?on- sideration of untimely protast inder exceptiona'st 4 C.F.R. I 20.2(c), I & 0 Industries, Inc. protests award to a bidder other than itself under General Services Administration (GSA) solicitation FTAN-06-95138-A-4-5-77, for non- povere4 hind tools. The gravamen of-the protester's complaint is that its offer was improperly fivaluated as foreign for purposes of the Buy American Act. Although counsel for the protester conce'es that the protest was not simely filed, hit suggests thrat it should be considered under the exception* to our bi- protest procedures in 4 C.F.R. 1 20.2(e). That rule provides that an untimely protest may be conuidered if it raises a question significant to pro- curement practices or procedures, or for good cause shown.:, The proterter states that its bid for one of the hantd tools to be procured should not have been rejected because more than half th: cost of the item is for iteel which was mined in the United States. In this connection, the protester ir unable to find any decided case concerned with raw material which is mined in the United States, processed Iin a foreign 'country, and then finished domestically for purposes of the Buy American Act. Moreover, counsel believes that-our timcliness rules impose an unfair burden on a first . time protester unfamiliar ivich our published rules and regulations. - 1 I

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