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B-195961 1 (1979-09-14)

handle is hein.gao/gaobabjot0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Refer to: SEP ii iss B-195961 The Honorable Orrin 0. latch United States Senate Dear Senator 9atch: We refer to your letter dated August 24, 1979, bringing to our attention a matter of concern to certain small busi- ness constituents-of yours and protesting any award of a contract under invitation for bids (IFB) F42650-79-B3602 issued by Hill Air Force Base, Ogden, Utah. At issue is the require .ent in t-4-e solicitation for a perfor:ance bOn97 .e understand that it is your desire tat this Office issue a decision requiring the Air Force to revise the solicitation to eliminate the requirer-ment. In view of the relief requested, the ratter inust be decided under our Bid Protest Procedures, and we regret to advise you that the protest must be dismissed as untimely filed. Cur procedures are eigneO to en. ure the -romnit reso- lution of bid protests at an early stage of the procurement process. They therefore recquire that protcsts based upon alleged ii.Proprieties in a solicitation which are apparent prior to bid opening must be filed before bid opening. 4 Code of Federal negulations (CFt) £ 20.2(b)(!) (1979). Because the rcuire.-,,.ent for a rfor:;ance bond was arn,-arent fro)n the solicitation, a protest or this bzfis should have been fild with GAO or the Air Force- before cc' cpening, July 24, 1979. Your staff has advised us that a protest initially was lodged with the Air Force prior to hi2 opening but was not pursued here until one ionth after the bid opening. If a timely protest has been filed initially with the procuring agency, any subsequent protest to CAO must be filed within 10 days of formal notification of or actual knowledge of initial adverse agency action. 4 C.F.R. 5 20.2(a). Where an initial protest to an agenc_1 concerns alleged im.?roorieties in a solicitation, the o-ening of bids without talking corrective action constitutes initial adverse agency action within the ,.cning, of our procedures. Therefore. the t:.rotr st filed at GAO one month after bid opening is untimely a-id we must advise yo e could not decide the merits of the protest. \/.

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