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B-290709 1 (2002-09-20)

handle is hein.gao/gaocrptaogt0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: C. Lawrence Construction Company, Inc. File: B-290709 Date: September 20, 2002 Charles A. Lawrence, Jr., for the protester. Frank P. Buckley, Esq., Department of Labor, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of invitation for bid's terms is sustained where protester reasonably interpreted specification governing interior signs to be installed as requiring named manufacturer's signs and there is no evidence in the record that only named manufacturer's signs will satisfy the agency's needs. DECISION C. Lawrence Construction Company, Inc. protests the terms of invitation for bids (IFB) No. IFB-02-DCS-32-JC, issued by the Department of Labor, Employment and Training Administration, for construction of educational and vocational buildings at the Turner Job Corps Center in Albany, Georgia. Lawrence contends that the specification governing signs to be installed in the buildings is unduly restrictive of competition! 'In a subsequent submission to our Office, filed after bid opening, the protester argued that other specifications in the IFB were also restrictive of competition. These arguments are untimely because they were not raised prior to bid opening; accordingly, we will not consider them. Our Bid Protest Regulations require that protests based upon alleged improprieties in a solicitation that are apparent prior to bid opening be filed prior to bid opening. 4 C.F.R. § 21.2(a)(1) (2002). To the extent that the protester argues that it did raise the matters in its initial protest by stating that there are other problems related to semiproprietary specification requirements paragraph 2.01.5.2, which we do not have time to address, Protest at 2, this was not a sufficiently detailed allegation.

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