B-194414.4,(2), L/M, MAR 24, 1980

B-194414.4,(2): Mar 24, 1980

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FRIED: ENCLOSED IS A COPY OF OUR DECISION IN THE MATTER OF GILL MARKETING COMPANY. THE MAIN ISSUE OF GILL MARKETING'S PROTEST WAS THE PROPRIETY OF SUCH AMENDMENTS. HOPE OUR DISCUSSION IN THE DECISION WILL BE USEFUL TO YOU. OUR BID PROTEST PROCEDURES REQUIRE THAT TO BE TIMELY A PROTEST MUST BE FILED WITH THIS OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS OF A PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. 4 C.F.R. OUR OFFICE WILL NOT CONSIDER A PROTEST FILED ALMOST FOUR MONTHS AFTER THE MATTER WAS INITIALLY RAISED WITH THE CONTRACTING AGENCY. WE HAVE CONSISTENTLY HELD THAT THE SMALL BUSINESS ACT AUTHORIZES THE GOVERNMENT TO PAY A PREMIUM PRICE TO SMALL BUSINESS FIRMS UNDER A SET-ASIDE PROCUREMENT SO LONG AS THE PRICE PAID IS DEEMED REASONABLE.

B-194414.4,(2), L/M, MAR 24, 1980

PRECIS-UNAVAILABLE

JOSEPH A. FRIED:

ENCLOSED IS A COPY OF OUR DECISION IN THE MATTER OF GILL MARKETING COMPANY, INC., B-194414.3. YOUR HUSBAND'S LETTER ON BEHALF OF CHAMPION INDUSTRIES DATED AUGUST 14, 1979, REQUESTED THAT WE EXPLAIN THE LEGALITY OF THE GENERAL SERVICES ADMINISTRATION'S (GSA) AMENDMENT OF SOLICITATION NO. FPCC-2-35350-N-3-27-79 AFTER THE DATE FOR SUBMISSION OF PROPOSALS. THE MAIN ISSUE OF GILL MARKETING'S PROTEST WAS THE PROPRIETY OF SUCH AMENDMENTS, AND HOPE OUR DISCUSSION IN THE DECISION WILL BE USEFUL TO YOU.

THE LETTER ALSO ASKED THAT WE CONSIDER A PROTEST INITIALLY FILED WITH GSA IN APRIL 1979. OUR BID PROTEST PROCEDURES REQUIRE THAT TO BE TIMELY A PROTEST MUST BE FILED WITH THIS OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS OF A PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. 4 C.F.R. SEC. 20.2(B)(2) (1979). THIS REQUIRES PROTESTERS TO DILIGENTLY PURSUE THEIR PROTESTS, AND OUR OFFICE WILL NOT CONSIDER A PROTEST FILED ALMOST FOUR MONTHS AFTER THE MATTER WAS INITIALLY RAISED WITH THE CONTRACTING AGENCY. GRAPHICS, COMMUNICATIONS SYSTEMS, INC., B-186718, JULY 23, 1976, 76-2 CPD 75. TO THE EXTENT THE PROTEST CONCERNED THE PROPRIETY OF SETTING ASIDE AN ITEM WHERE A LARGE BUSINESS COULD PROVIDE THAT ITEM AT A LOWER PRICE THAN SMALL BUSINESS OFFERORS, WE HAVE CONSISTENTLY HELD THAT THE SMALL BUSINESS ACT AUTHORIZES THE GOVERNMENT TO PAY A PREMIUM PRICE TO SMALL BUSINESS FIRMS UNDER A SET-ASIDE PROCUREMENT SO LONG AS THE PRICE PAID IS DEEMED REASONABLE. SEE, E.G., OSMOSE FOOD PRESERVING COMPANY OF AMERICA, INC., B-192191, OCTOBER 23, 1978, 78-2 CPD 294.