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B-213921 1 (1984-01-19)

handle is hein.gao/gaobadlms0001 and id is 1 raw text is: 

                             THE COMPTROLLEN UENERAL
     OKCISION              .-OP THE UNITED        ETATE       
                             WASHINGTON. 0. C. 20543



    FILE:   B-213921               DATE: January 19, 1984

    MATTER OF: Instrumentation Laboratory, Inc.


    DIGEST:


1.   Unless a late proposal for a Federal Supply
     Schedule contract falls within one of the
     exceptions set forth in Federal Procurement
     Regulations' standard late proposal clause,
     General Services Administration generally may
     not consider it. Protester's failure to
     receive a copy of solicitation does not
     change the rule when there is adequate compe-
     tition and no showing that GSA intended to
     exclude the firm from such competition.

2.   Synopsis in the Commerce Business Daily con-
     stitutes constructive notice of a solicita-
     tion and its contents, so that an incumbent
     contractor's failure to receive a copy and
     consequent lack of actual notice of the
     closing date for receipt of initial proposals
     does not provide a legal basis for consider-
     ing its late proposal.

3.   In a protest that GAO summarily denies
     because it is clear from the initial submis-
     sion that it lacks legal merit, request for a
     conference will be declined because it would
     serve no useful purpose.


     Instrumentation Laboratory, Inc. protests the fact
that it did not receive a copy of a General Services
Administration solicitation for a multiple award Federal
Supply Schedule contract and consequently missed the
December 2, 1983 closing date for receipt of initial
proposals. The firm states that it plans to submit a late
proposal and requests that our Office instruct GSA to give
it full consideration.

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