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B-190218 1 (1977-11-23)

handle is hein.gao/gaobadfkj0001 and id is 1 raw text is: 




                                                           Alan Zuckerman
                                                                       Proc. 11
                           'f   st\  THE  COIMPTROLLER GENERAL
          (DE CISION' '2:            OF   THE UNITEO        BTATES
                                     W  ASHINGTON, D. C. 20543U



          FILE:   B-190218                  DATE:  November 23, 1977

          MATTER OF: Communicology, Inc.


          D!GEST:
          1. Letter submitted to agency prior to closing date set for
             receipt of proposals which merely x equests an extension
             of the closing date cannot be considered as timely sub-
             mitted proposal, and complete proposal submitted 10 days
             after closing is late and cannot be considered.

          2. .ngency's refusal to extend date set for receipt of proposals
             is not arbitrary where record shows that agency had reasonable
             basis for so refusing and that principal cause of delay in pro-
             tester's receiving solicitation package was protester's own
             tardiness.

             Communicology,  Inc. protests the rejection of its proposal as
          late by the Naval Electronic Systems Command (NAVELEX) under
          request for proposal (RFP) N00039-77-R-0038(Q).

             Corarnunicology bases its protest on its claim that NAVELEX
          failed to furnish it with a complete copy of the solicitation in
          sufficient time for it to submit a proposal by the scheduled closing
          date. Protester also clains that the agency's failure to extend
          the closing date was an undue restriction on competition. Alter-
          natively, protester asserts that a letter submitted prior to the
          closing date should be considered as a timely proposal and that
          its final submission (a formal proposal) should be treated as a
          modification to its time)1' letter proposal. Protester requests
          that NAVELEX  be directed to accept and evaluate its September 23
          proposal.

             Notice of the solicitation was published in the Commerce
          Business Daily on July 18, 1977, with a closing date of August 3,
          1977. On August 1, .977 the solicitation was modified and
          the closing date extended to August 30, 1977. Subsequently,
          on August 17, an additional amendment to the solicitation was
          iss!'ed and the closing date was extended to September 6, 1977.
          On August 19, 1977. app.oximnately 1 month after the Commerce










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