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B-278849 1 (1998-03-23)

handle is hein.gao/gaocrptahqj0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Ervin and Associates, Inc. File: B-278849 Date: March 23, 1998 John J. Ervin for the protester. Richard A. Marchese, Esq., Department of Housing and Urban Development, for the agency. Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency failed to mail a copy of the solicitation and its amendments to the protester despite its request to be placed on the source list is denied where the contract specialist states that he included the protester on the source list and followed procedures that should have resulted in the protester's receipt of the documents; moreover, even if the agency had failed in its obligation to provide the protester with a copy of the solicitation, the record shows that the protester did not avail itself of every reasonable opportunity to obtain the solicitation and had the last clear opportunity to avoid the firm's preclusion from competing under the solicitation. DECISION Ervin and Associates, Inc. protests any award under request for proposals (RFP) No. DU100C000018593, issued by the Department of Housing and Urban Development (HUD) to obtain comprehensive financial analytical services. Ervin contends that HUD intentionally excluded it from the competition by failing to provide it with a copy of the solicitation. We deny the protest. In May 1997, Ervin learned from a press account that HUD was planning a new procurement of these services. By letter sent by facsimile on June 27, Ervin asked the Director of the Program Support Division in HUD's Office of Procurement and Contracts to put the firm on the source list to receive a copy of the solicitation when it was issued. One month later, the Director gave the letter to the contract specialist. The letter's cover sheet bore the Director's handwritten note asking the contract specialist to place Ervin on the source list for this solicitation.

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