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B-207842 1 (1982-07-01)

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                kY/4/ Z '&; THE COMPTROLLEl OENERAL
  LrElC ISION              O , F THE UNITED STATES3
                       , WAE.INGTON,,. r. C. 2 0548



  FILE:                         DATE:   July 1, 1982
        B-2078 42
  MATTER OF:
                Evans Engine and Eqtipment Co.

  OIGEST:


       Complaint alleging that grantee's solici-
       tation unduly restricts competition,
       received at GAO after bid opening, is
       untimely and will not be considered on
       merits, since alleged deficiency was
       apparent on face of solicitation.


       Evans Engine and Equipment Co. has filed a complaint
  with our office in which it alleges that a procurement
  of a motor grader by the City and Borough of Juneau,
  Alaska, partially financed with Federal Aviation Admin-
  istration (FAA) grant funds, was unduly restrictive
  of competition. We dismiss the complaint as untimely.

       Evans maintains that the solicitation was unduly
  restrictivc of competition because it described a
  product which is made only by one manufacturer, Such
  a complaint, however, involving an alleged deficiency
  apparent on the face of the solicitation must be filed
  before bid opening or the time for receipt of initial
  proposals. Brumm Construction Company, B-201613,
  October 6, 1981, 61 Comp. Gen. _, 81-2 CPD 280; Cara-
  velle Industries, Inc,, B-202099, April 24, 1981, 81-1
  CPD 317.  In this case, the bid opening was April 14,
  1982 but the complaint was received by our Office on
  June 10, 1982, almost two months later. Therefore,
  the complaint is untimely and we will not consider it
  on the merits.

       The complaint is dismissed.

                               /

                            Harry 'R. Van Clove
                                •rn nr ,r  ounsel


.P 1

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