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B-293231 1 (2004-02-05)

handle is hein.gao/gaocrptapko0001 and id is 1 raw text is: 




         G     A     0                                                Comptroller General
             SIntegrity Reliability                                    of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Allied Materials & Equipment Company, Inc.

          File:       B-293231

          Date:       February 5, 2004

          Michael I. Goulding, Esq., Centre Law Group, for the protester.
          Robert L. Mercadante, Esq., Defense Logistics Agency, for the agency.
          Peter D. Verchinski, Esq., and John M. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest of agency's failure to post solicitation on FedBizOpps Internet website, as
          required by regulation, is denied, where protester did not avail itself of every
          reasonable opportunity to obtain the solicitation; although presolicitation notice
          indicated an anticipated August 20, 2003 closing time, as that time approached and
          passed, protester did not contact agency to determine status of solicitation, and
          finally inquired as to status approximately 7 weeks after closing time.
          DECISION

          Allied Materials & Equipment Company, Inc. protests the award of a contract by the
          Defense Logistics Agency (DLA), Defense Supply Center to ILC Dover, Inc., under
          request for proposals (RFP) No. SP0560-03-R-0186, for chemical-biological filter
          elements. Allied alleges that the agency's failure to post the solicitation to
          FedBizOpps, the government-wide point of entry (GPE), as required by the Federal
          Acquisition Regulation (FAR), improperly denied it the opportunity to compete for
          the contract.

          We deny the protest.

          On July 18, 2003, DLA published a synopsis of the proposed RFP on the FedBizOpps
          website. The notice informed potential offerors that the proposed closing date was
          August 20, and included contact information for various DLA contracting personnel.
          Under FAR § 5.102(a)(1), solicitations synopsized on the GPE (i.e., FedBizOpps)
          must subsequently be posted there as well. Allied states that, following publication
          of the notice, it began actively monitoring the FedBizOpps and DLA Procurement
          Gateway websites for the RFP. According to Allied, the RFP was never posted, and

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