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B-192565 1 (1979-01-19)

handle is hein.gao/gaobadgvk0001 and id is 1 raw text is: STHE COMPTROLLER GNR DECISION . OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-192565 MATTER OF: DATE: January 19, 1979 Picker Corporation; Ohio-Nuclear,'Inc. DIGEST: V. 1. Section 20.2(b)(1) of GAO Bid Protest Procedures requires protests based upon alleged improprieties apparent from the face of solicitation to be filed prior to bid opening. Protest alleging restrictive specification is untimely whether or not protester's letter to agency is considered protest validly filed with contracting agency since (i) if it was not protest, then any subsequent protest to GAO is untimely under section 20.2(b)(1) and (ii) if letter is considered protest, subsequent protest filed with GAO more than 10 days after initial adverse agency action (bid opening) is untimely. 2. Bid that meets literal requirement of IFB that x-ray scanner be capable of 360-degree rotation is responsive and should'be accepted unless agency determines that specification does not accurately state Government's minimum needs and cancels IFB and readvertise-s. This decision is in response to -separate protests filed by the Picker Corporation (Picker) and Ohio- Aug e#6?6 Nuclear, Inc. (Ohio-Nulclear), each company having had its bid found nonresponsive under invitation for bids (IFB) No. M6-3-78 issued by the Veterans Adminis- 3L&-677 tration Marketing Center (VA), Hines, Illinois. The VA proposes to award the contract to next low, responsive bidder. The IFB was issued on March 17, 1978, requesting bids for three computerized Tomography (Whole Body, Single Gantry-) Scanners--sophisticated x-ray machines-- to be supplied the Department of Defense. Seven bids t/NC., 60q1 I I

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