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B-196954 1 (1980-01-08)

handle is hein.gao/gaobadhvq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL ?: A DECISION . OF THE UNITED STATES WAS H IN GTO N , 0 .C . 20548 FILE: B-196954 DATE: January 8, 1980 MATTER OF: Clarke & Lewis, Inc. 3 , DIGEST: Protest against alleged solicitation defects-- (1) time permitted to prepare and mail pro- posal was inadequate, and (2) specifications pointed to one firm--filed after closing date for receipt of initial proposals is untimely under GAO Bid Protest Procedures, 4 C.F.R. S 20.2(b)(l)-(-1979), and will not be con- sidered on merits. Clarke & Lewis, Inc., protest any award under request for proposals (RFP) No. N00102-80-R-0062 issued by the Supply Department, Portsmouth Naval 1 Shipyard, for a bending machine. Notice of the pro- curement appeared in the Commerce Business Daily on October 26, 1979, and that day the protester requested a copy of the complete solicitation from the procuring activity, which it received on November 13, 1979-- 2 days before the closing date for receipt of initial proposals. The protester states that upon reviewing the specifications it concluded that (1) the time to pre- pare proposals was less than 30 days and inadequate for a proper response or mailing, and (2) the speci- fications were pointed to one company. The protester believed that the procuring activity's specifications could be construed as a deliberate effort to eliminate the protester as a potential vendor. The day after the closing date the protester wrote to the procuring activity requesting an exten- sion of the closing date. In response, the contracting officer denied the request and reported that 10 re- sponses were received including one from a California firm which had obtained notice of the procurement from the Commerce Business Daily. The contracting officer 07\20

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