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B-192901 1 (1979-02-09)

handle is hein.gao/gaobadgxn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASH IN GTON D .C. 20548 FILE: B-192901 DATE: February 9, 1979 MATTER OF=: Metal Art, Inc. Th& 00 1. Telex protesting award which was received at 11:23 a.m., September 15, 1978, when closing time for receipt for proposals -was 3 p.m., September 15, 1978, is timely filed and will be considered on merits. 2. Where adequate data is not available to conduct competitive procurement, GAO generally will take no exception to sole- source award to original manufacturers; however, where there is nothing in record to show that Government has attempted to obtain data from original manufacturers, alternatives for obtaining data are suggested. Metal Art, Inc. (Metal Art), has protested any awards under requests for proposals (RFP) Nos. DLA700- 78-R-2097, -2098 and -2112 issued by the Defense Logis- tics Agency (DLA), Defense Construction Supply Center, Columbus, Ohio. The RFP's were issued on August 25, 1978, with a closing date for receipt of proposals of September 15, 1978, at 3 p.m. While DLA argues that the protest was untimely filed with our Office, this argument is based on a copy of the Metal Art telex, which we forwarded to the contracting agency, which showed it was received in our Office at 3:48 p.m., on September 15, 1978. However, this telex is a copy of Metal Art's original telex which we received at 11:23 a.m. on that date. Accordingly, the protest was timely filed prior to the time set for receipt of proposals and will be considered on the merits. 4 C.F.R. § 20.2(b)(1) (1978). OP3a91 -

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