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B-196735 1 (1980-01-08)

handle is hein.gao/gaobadhvp0001 and id is 1 raw text is: 

                     *.  &uit2R
              U  -     . THE COMPTROLLER GENERAL
OECISION   ):.4  OF THE UNITED STATES
                      '  WASHINGTON, D.C. 20548


FILE:   B-196735


DATE: January 8, 1980


MATTER  OF:  AM Multigraphics


DIGEST:

     Protest by bidder against inclusion of
     Service Contract Act in solicitation
     filed with GAO after bid opening is
     untimely under 4 C.F.R. S 20.2(b)(1)
     (1979).  Also, cover letter included with
     bid taking exception to requirement, if
     considered protest to agency, is untimely
     as protest contained in bid submission is
     not protest before bid opening.

     AM Multigraphics (AM) has protested the rejection
of its bid by the Environmental Protection Agency (EPA)
under invitation for bids No. WA-79-A-372.       21

     AM's bid was rejected as nonresponsive because
with its bid it enclosed a cover letter which stated
AM did not believe the Service Contract Act should
apply to the procurement.  Following the rejection by
EPA, AM protested here.

     AM's protest is untimely filed under our Bid
Protest Procedures (4 C.F.R. part 20 (1979)). Section
20.2(b)(1) requires protests based on alleged impro-
prieties in a solicitation which are apparent prior
to bid opening to be filed prior to bid opening. The
IFB indicated that the Service Contract Act would
apply and, if AM felt this to be improper, the time
to protest was prior to bid opening.

     Moreover, if AM's letter with its bid is considered
a protest to the agency, it is also untimely, since a
protest of an alleged solicitation impropriety filed
with the bid package is not timely filed before bid
opening.  Emerson Electric Co., B-184346, September 9,
1975, 75-2 CPD 141.


~JA


110

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