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B-272222 1 (1996-09-03)

handle is hein.gao/gaocrptaeie0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Eagle Vision File: B-272222 Date: September 3, 1996 Dan Hawkins for the protester. Terrence J. Tychan and Mike Colvin, Department of Health & Human Services, for the agency. Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of agency's rejection of bid due to defective bid bond is dismissed as untimely where initial agency-level protest was untimely filed. 2. Because Buy Indian Act does not require that particular contracts be set aside for exclusive participation of Indian firms, General Accounting Office will not consider protest that procurement should have been restricted to Indian firms absent a clear showing of an abuse of the broad discretion conferred by the act. DECISION Eagle Vision protests the cancellation of invitation for bids (IFB) No. 102-IFB-95- 0037, issued as a total set-aside for Indian-owned and controlled concerns by the Department of Health and Human Services. The protester contends that its bid was improperly rejected based on the unacceptability of its proposed individual bid bond surety, and objects to the resolicitation of the requirement on an unrestricted basis. We dismiss the protest. The IFB was issued on October 26, 1995, as a total set-aside for Indian-owned and controlled concerns pursuant to the Buy Indian Act, 25 U.S.C. § 47 (1994). Three bids were received by the December 12 bid opening. One bid was disqualified because the bidder was not Indian-owned. Eagle Vision's low bid was rejected because of agency concerns about the acceptability of its individual surety supporting the bid bond. The only remaining responsive bid was determined to be unreasonably high. On January 24, 1996, the procurement was converted to negotiated in accordance with Federal Acquisition Regulation (FAR) §14.404-1(e)(1). 32293

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