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B-200159.2 1 (1980-10-30)

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                        7  THE COMPTROLLER GENERAL
   DECISION        17      OF  THE   UNITED STATES
                           WASHINGTON. D.C. 20548




   FILE: /  B-200159.2          OATE:October  30, 1980

   MATTER  OF:  Rally Racks, Division of Rally      -
                Enterprises, Inc.--Reconsideration

  DIGEST:


1.   Late proposal provisions which are incor-
     porated by reference in the solicitation ace
     binding on-the offeror.

21.  Under GAO Bid Protest Procedures, 4 C.F.R.
     part 20 (1980), protest questioning adequacy
     of proposal preparation time must be filed
     prior to closing date for receipt of pro-
     posals.


     Rally Racks, Division of Rally Enterprises, Inc.
(Rally)Lrrequests reconsideration of our decision of
September 18, 1980, 80-2 CPD 208, in which we denied
its protest of the rejection of its.proposal by the
General Services Administration3(GSA) under solicita-
tion No. 2FC-FFB-N-A0068. GSA rejected the proposal
as late because it was received one working day after
the due date.

     Rally had been awarded several previous GSA con-
tracts for outdoor recreation equipment. the most
recent being contract No. GS-02S-30239, which was to
expire on August 31, 1980. On July 1, 1980,-Rally
received a GSA request for modification of that con-
tract in order to facilitate extension of services
for two months (until October 31, 1980), should the
need arise.  Rally immediately assented to the modi-
fication request..

     Shortly thereafter, GSA sent out its solicitation No.
2FC-FFB-N-A0068 for recreation equipment, covering the


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