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B-280267 1 (1998-07-17)

handle is hein.gao/gaocrptahuy0001 and id is 1 raw text is: 


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




             Matter of: Carpenter's Pole & Piling

             File:      B-280267

             Date:      July 17, 1998

             Preston Carpenter for the protester.
             Laurie Ristino, Esq., Department of Agriculture, for the agency.
             Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Protest alleging that a bid on a timber sale should have been rejected because it did
             not contain required information certifying whether or not the bidder has
             participated in previous contracts subject to a provision of an executive order
             concerning nondiscrimination in employment by government contractors and
             whether or not the firm has submitted required compliance reports under those
             contracts, is denied where the information did not relate to the bidder's
             performance obligation and therefore could be furnished at any time prior to award.
             DECISION

             Carpenter's Pole & Piling protests the acceptability of a bid submitted by DeSoto
             Logging, Inc. for Compartment No. 58 Timber Sale, offered by the DeSoto Ranger
             District, in the DeSoto National Forest. The protester alleges that the Forest
             Service improperly allowed DeSoto Logging to furnish, after bid opening, required
             information concerning whether or not the firm has participated in previous
             contracts subject to a provision of an executive order concerning nondiscrimination
             in employment and whether or not the firm has submitted required compliance
             reports under those contracts.

             We deny the protest.

             The Forest Service received sealed bids from Carpenter's Pole & Piling and DeSoto
             Logging by the time set for bid opening on June 4, 1998. Upon review of the bids,
             the Forest Service found that DeSoto Logging, which had submitted the high bid,
             had failed to complete a portion of the bid under the heading BIDDER
             INFORMATION REQUIREMENTS, which required bidders to certify whether or not
             they have participated in a previous contract subject to section 202 of Executive
             Order No. 11,246, 3 C.F.R. 167, 168 (1965) (concerning nondiscrimination in
             employment by government contractors), and whether or not the firm has submitted
             required compliance reports under those previous contracts. The Forest Service

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