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B-208884.2 1 (1982-12-14)

handle is hein.gao/gaobadkua0001 and id is 1 raw text is: DECISION WAS FILE: B-208884.2 MATTlR OF: Pulaski Furniture Reconsideration CCMPTRCILLR GENERAL THE UNIOTED ETATUE HINOTflN,0 ,C 0,ROE4B DATE: Deceiber 14, 1982 Corporation--Request for DIGEBT; Protester's post-award objection to the Government's award of a furniture contract to another firm under an invitation for bids, instead of purchasing furniture under pro- tester's Federal Supply Schedule contract, is untimely because it concerns an alleged solicitation impropriety which should have been raised prior to bid opening. The fact that protester was not a bidder is of no consequence since the firm clearly knew the subject of the invitation as well as the bid opening date. 2, Untimely raised isuues concerning whether Or not the procuring agency should have used the rotester'saFederal Supply Schedule contract nstead of a competitive procurement concern matters considered on the merits in previous GAO decisions and therefore are not signifi- cant issues under GAO Bid Protest Procedures. Pulaski Furniture corporation requests reconsidera- tion of Pulaski Furniture Corporation, B-208804, Septem- ber 23, T98W7t7RfT0265;inWhiffF-h--we dismissed, as untimely, Pulaski's protest of the award of a contract to Hertz Furniture Systems Corporation under invitation for bids (IFB) No. F08650-82-B-A042 issued by the Air Force for lounge chairs and sofas. In dismissing Pulaski's protest, we hold that Pulaski's post-award objection to the Air Force's award to Hertz in lieu of a purchase under Pulaski's Federal Supply Schedule (FSS) contract was untimely because it concerned an alleged solicitation impropriety of which Pulaski was aware prior to bid opening, and which it there- fore was required to, but did not, raise before that date. Pulaski vubmits that our determination of untimeliness was 1n

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