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B-205034.2 1 (1981-12-08)

handle is hein.gao/gaobadjxj0001 and id is 1 raw text is: 

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                                i THE CIMPTFOLI5R GENIEAL
                  DECISION                oCF THE UNITED       STATC31B
                                0         WASHINGTON, 0., 2C,      54 8



                  FILE: B-205034.2              DATE;   December 8, 1981

                  MATTER OF: Mark Twain Hotel - Reconsideration

                  QIGEST:

                      Opening of bids Without acting favorably
                      oh the protester's objections to the form
                      of the IFB constitutes adverse action and
                      a protest received in our Office more
                      than 10 days later is untimely and will
                      not be considered.

                      The Mark Twain Hotel requests reconsideration of
                 our decision in the Mark Twain Hotel, B-205034,
                 October 28, 1981, 81-2 CPD 361. In that decision, the
                 protest of the Mark Twain Hotel was dismissed as to
                 the protester's objection to the provisions of the spec-
                 ifications in invitation for bids (IVB) DAAJO4-81-B-0010
                 issued by the St. Louis Area Support Center for 1-night
                 lodging and meals for male and female personnel during
                 processing by the United States Army. Since bids had been
                 opened on August 27, 1981, and there was no indication
               * that the protester had raised any objections to the spec-
                 ifications prior to bid opening, the protest was untimely
  * on this issue under section 21.2(b)(1) of our Bid Pro-
                 test Procedures, 4 C.F.R. part 21 (1981).

* i,;The Mark Twain Hotel alleges that it did object to
   * 2the form and specifications of the solicitation for a
                 period of 3 weeks prior to bid opening by requesting
                 permission of the contracting officer for a review by
                 the protester's attorney of the requirements. However,
                 the proteater alleges it was denied that right.

 t!,                  Assuming that the requests by the protester
                 constituted an objection to the terms of the IFB, opening
                 of the bids without favorable action on the protester's
                 objection constituted the adverse agency action.
                 Zinger Construction Company Inc., B-198230, July 23,
                 1980r 80-2 CPD 64. Section 21.2(a) of our Procedures,
                 provides that if a protest has been filed initially with
                 the agency, a subsequent protest must be received in our
                 Office within 10 days of formal notification of or actual
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