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B-202510.2 1 (1981-08-03)

handle is hein.gao/gaobadjph0001 and id is 1 raw text is: 
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DECISION





FILE: B-202510.2


MATTER OF: Northern Virginia Chapter, Associated
               Builders and Contractors, Inc.--
               Reconsideration
DIGEST:



  1. Burden is on protester to file complete--i.e.,
     fully briefed--initial protest submission since
     all issues raised by submission are reviewed to
     determine if agency report is necessary or, if
     it is clear, protest is without merit and should
     be decided on that basis.

 2. Requirement that bidder be certified as minority
     firm at time of bid opening was correctly char-
     acterized in prior decision as matter of eligi-
     bility to compete for particular procurement.

 3. Request for conference in connection with request
     for reconsideration will be granted only where,
     unlike present case, matter cannot be promptly
     resolved without conference.


     The Northern Virginia Chapter, Associated Builders
 and Contractors, Inc. (Associated Builders), requests
 reconsideration of our decision, Northern Virginia
 Chapter, Associated Builders and Contractors, Inc.,
 et al., B-202510, April 24, 1981, 81-1 CPD 318, in
 which we dismissed the protest to the extent that it
 challenged the validity of the laws of the District
 of Columbia (D.C.) and summarily denied the remainder
 of its protest which alleged that D.C.'s actions were
 contrary to the applicable principles of procurement
 law.


     Associated Builders argues that GAO's summary
denial, coming after D.C.'s request that the protest
be dismissed since GAO does not consider the constitu-
tionality of statutes, was unreasonable and precluded
Associated Builders from adequately presenting its
position on the other issues raised by its protest.
Associated Builders contends-that our decision


1'A


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON,  0. C. 20548




      DATE: August 3, 1981


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