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B-196414 1 (1980-04-17)

handle is hein.gao/gaobadunu0001 and id is 1 raw text is: ~Ctte~4 'DIGEST -L 4l:; / .\ THE COMPTROLLER GENERAL 0.1 di S I 0,F THE UNITEO STATES WASKtNGTON, D.C. 201 48' ~ITE9 b?. cp 2c FILE: B-196414 DATE:. April 17, 19bO MATTER OF: Acadian Airmotive, Inc.- DIGEST: i. Customs' issuance of contract modification-- which insured that in limited circumstances certain critically needed parts would be delivered expeditiously--is matter of contract administration and responsibility of contracting agency, not for resolution by GAO unless, unlike here, modification is beyond scope of contract. 2. Contentions--(l) that solicitation restricted protester from bidding based on sliding scale discounts; (2) that solicitation made no pro- vision for substitute parts; and (3) that solicitation required explanation but con- tracting officer did not make it clear--are untimely filed. GAO Bid Protest Procedures provide that protests based on alleged impro- prieties in solicitation, which-are apparent prior to bid opening, must be filed prior to boid opening -in order to be considered.. Acadian Airmotive, Inc. (Acadian), protests the* award of a contract to Mercury Aviation Companies (Mercury) under solicitation No. CS-NO-80-6 issued by the United States Customs Service, Department of the Treasury. Acadian's bases of protest follow: (1) The solicitation and the. contract that was awarded called for the contractor to prepay all freight but Customs .amended .the agreement so that the Government would pay all .air -freight costs on-emergency orders. (2) The solicitation did not. permit discounts based on a sliding scale geared to certain dealers price. codes, but required a single. discount applicable to all parts.

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