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B-194833 1 (1980-01-17)

handle is hein.gao/gaobadhxe0001 and id is 1 raw text is: / 2-r~ S-1 THE COMPTROLLER GENERAL DECISION r= OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-194833 DATE: January 17, 1980 MATTER OF: Durant Insulated Pipe, Division of Ricwil, Inc. D c qK . DIGEST: Protest filed with GAO more than 10 days after protester learns of initial adverse agency action on protest filed with agency is dismissed as untimely. Durant Insulated Pipe, Division of Ricwil, Inc. (Ricwil), a supplier of Class A type (insulated pipe) underground heat distribution systems, protests the portion of the Corps of Engineers' specificationsAeioS concerning underground heat distribution systems under IFB DACA45-79-B-0030, issued on December 21, 1978 for the construction of a heat plant at F. E. Warren Air AICc0077O Force Base, Cheyenne, Wyoming. Ricwil contends that its Class A system was improperly excluded as an acceptable system for use on the project. The IFB's specifications called for a Class B type (concrete trench) underground heat distri- bution system. Ricwil argues that it holds a letter of acceptability for its system and that a Corps regulation (Guide Specification for Military Con- struction, OCE 301.21, July 1976) requires that a Class A system be included in specifications for construction projects of this type. Ricwil states that this regulation is mandatory and that no deviation is permitted without prior approval by the Office of Chief of Engineers, which, Ricwil contends, was never granted. The record shows that Ricwil, vigorously object- ing to the exclusion of its system, made extensive efforts to have the Corps change the specifications after learning of its provisions in January, 1979. Among other things, Ricwil filed a protest, hand- delivered on February 22, 1979, with the Tri-Service Committee, a technical committee composed of repre- sentatives from the three military services and which tPL_6-1-0? 71+THAT ~ -, IA) EC ;+iC iT /eJ

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