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B-276669 1 (1997-07-10)

handle is hein.gao/gaocrptafzg0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548
Decision




Matter of: Wind Gap Knitwear, Inc.

File:        B-276669

Date:        July 10, 1997

David P. Metzger, Esq., and Craig A. Holman, Esq., Holland & Knight, for the
protester.
James H. Henry II, Esq., Henry, McCord, Bean & Miller, for Daun-Ray Casuals, Inc.,
an intervenor.
Catherine C. Morris, Esq., and Michael Trovarelli, Esq., Defense Logistics Agency,
for the agency.
Linda Glass, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest of agency's failure to solicit firm that requested a copy of solicitation in
response to a procurement synopsis in the Commerce Business Daily (CBD) is
denied where, although the protester knew--as a result of the CBD notice--that the
agency estimated a May 25, 1996, closing date, the protester unreasonably delayed
contacting the agency about its nonreceipt of the solicitation until months after its
initial request (and after the September 13 actual closing date); the protester did not
avail itself of every reasonable opportunity to obtain the solicitation.
DECISION

Wind Gap Knitwear, Inc. protests the award of a contract to Daun-Ray Casuals, Inc.
under request for proposals (RFP) No. SPO100-96-R-0144, issued by the Defense
Logistics Agency (DLA), Defense Personnel Support Center (DPSC) for Extended
Cold Weather Clothing System (ECWCS) undershirts. Wind Gap contends that
DPSC's failure to provide it with a copy of the solicitation improperly denied it the
opportunity to compete for the contract and violated the requirement for full and
open competition in the Competition in Contracting Act of 1984, (CICA), 10 U.S.C.
§ 2304 (a)(1) (1994).


We deny the protest.

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