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B-179147 1 (1973-10-31)

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   Z~o  VCOMPTRtOLLER GENERAL OF' THE UNITED STATES



   .1-179147                                    October 31, 19T3



   Depew and Rfthu
   Attorney, at Law
   Suite 302
   1700 K Street, NW.
   ashiniton, D.C. 20006

       Attention;  Douglas J. flykhus, Euq.,

  Gentlemen;

       Your latter dated August 20, 1973, and prior correspondenee,
  protestiug as counsel to the Ydcrocou C)rporation (tttcrocou)
  against the award of a contract to any other ftin under in-.tti
  for bids 1100123-73-B-2196, issued by th Naval R'gicakt Procurement
  Office, Los Auneles, California, raises two isues   whether (1)
  the specificationo were ambiguous; and (2) the low bidw o a
  1buy-dn                    9

       Concerning tb t' rt isoue, section 20.2 of our InteriB Ud
  X'rotest Procedures and Standards provides that protests based on
  alleged impruprieties i Any type of colicitation which are
  apparent pr1.r. to bid opening or the closing date tar receipt of
  propousas shali be filed prior to bid opening or the closing date
  for receipt of propoals. In responso to an inquiry from our Office
  concerningliether the foregoing standard had been tatisfied, your
  letter of Aug;nt 20, 1573, stated that Rticrocorn b ad protested to the
  procuring act&vity before bid opening. fBased upon this repreeeutn-
  tion, our Offica requested a docucnited report on the. matter from the
  Deptrtment oi Jie lavy.

      The Navy ;, eport, under cover letter dated Septcmblar 17, 1973,
 contaiued the contracting officer's statement of the fets leading
 to the protest. As stated therein* the only quistion ttoueorning
 the specificat ons raised by icrocom prior to bid opm. tug rolated
. to the lusted approved vendoxs. In response to Iicrocm's ,request
  that a particular firm be a dded to the list, the contraiting officer
  amendcd the IFB. In responue to telephonic inquiries ti you to
  resolve the question whether the proteet was ticely filt id, you agreed
  that the subntance of the prebid-opening contracts hetween Hicrtccom
  and lavy would nut constitute a protest. oTherefore, youi: protest
  bcforic our Gff6co on thin isruo Is untvicly and vill not be considered.


                             Ekcge/re.                  &t     MotY


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