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B-205485 1 (1981-12-07)

handle is hein.gao/gaobadjxh0001 and id is 1 raw text is: '. // I DECIBION CCMPTROILER THI UNITEO CE1N|PRAL *TATMS WAS13H INOGTO N, o0,C. 2005451 FILE: B-205485 DAT'-: December 7, 1981 MATTER OF: Valley Foods D1GEST: Complaint alleging that 100 percent performance bond requirement in grantee's oblicitation un- duly restricts competition, received at GAO after bid opening, is untimely and will not be considered on merits, sinc alleged deficiency was apparent on face of solicitation. Valley Foods has filed a complaint with our Office alleging that a 100 percent performance bond requirement imposed by the Western Reserve Area Agency on Aging, Cleveland, Ohio, a grantee of the Department of Health and Human Services, unduly restricts competition. We are dismissing the complaint as untimely. Valley Foods states that it made exhaustive efforts to obtain the $1.7 million bond regqlred by the Agency on Aging's solicitation before contacting it ontOcto- ber 30, 1981, to clarify requirements, At that time, the firm was told that the requirement would not be waived; it therefore did not submit a bid at the November 4, 1981 bid opening. Valley Foods argues that the requirement is unusual, excessive, end discrimtnatory, in that small businesses are unable to meet itj this is shown by the fact that a national company (presumably large) has been the only bid- der on similar procurements during the past two years, Valley Foods states. Since Valley Foods has been involved with nutrition programs for the elderly for the past seven years, the firm continues, it believes it is fully quali- fied to perform the services in question. While in the past, in the context of grant complaints, we have not imposed the sttict timeliness rules set forth in our Did Protest Procedures, 4 C.F.R. 5 21.2 (1981), we recehtly stated that in the future we would consider only complaints filed within n reasonable time. For com- plaints such as this, alleging deficiencies apparent on S 6 a.-:;. * •s' THE ap p .9 8 e .4 ' 8~ 1' 4~> iv :1. tl * f 'I 1' t7 $1 I, 1*t.t~ 1~ .9. e I - 4z

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