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B-276954 1 (1997-06-30)

handle is hein.gao/gaocrptagaj0001 and id is 1 raw text is: 


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




             Matter of: O.J. Best Services, Inc.

             File:       B-276954

             Date:       June 30, 1997

             John Heo, Esq., O.J. Best Services, Inc., for the protester.
             Mark H. Alexander, Esq., Defense Commissary Agency, for the agency.
             Katherine Riback, Esq., and Paul Lieberman, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Protest based upon alleged failure of offeror to receive solicitation amendments
             extending the original closing date for receipt of proposals is dismissed where there
             is no allegation that contracting agency failed in its obligation to use a reasonable
             method to disseminate solicitation documents to prospective offerors.
             DECISION

             O.J. Best Services, Inc. protests any award under request for proposals (RFP)
             No. DECA01-97-R-0047, issued by the Defense Commissary Agency (DCA) to
             provide shelf stocking and custodial services for the Fort Stewart Commissary at
             Fort Stewart, Georgia. The protester asserts that the agency improperly failed to
             provide the firm with two amendments to the solicitation which extended the
             closing date for receipt of proposals.

             We dismiss the protest because it fails to state a valid basis for protest. See
             4 C.F.R. § 21.5 (1997).

             The RFP, issued on March 6, 1997, established April 14 as the closing date for
             receipt of proposals. On April 9, the agency issued amendment No. 1 which, among
             other things, extended the closing date to April 25. On April 18, the agency issued
             amendment No. 2 modifying the square footage of the custodial work to be
             performed and further extending the closing date to May 5.

             The agency received 21 proposals by that date, including Best's. Nineteen offerors,
             not including Best, acknowledged both amendments. The protester states that it
             was able to submit its proposal by the extended due date because someone from
             the agency called Best to alert it to the May 5 extended due date, but that the firm
             never actually received the two amendments. Best contends that since it did not
             receive the amendments establishing the modified square footage of the custodial

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