[Protest of Refusal for Consideration as Labor Surplus Area Concern]

B-209042: Oct 12, 1982

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A firm protested the Defense Logistics Agency's refusal to grant it preference as a labor surplus area concern under an invitation for bids. The protester was granted labor surplus area status by the Department of Labor 12 days before bid opening, although the protester did not learn of it until after bid opening. The protester argued that the 5-percent nonlabor surplus area differential should not have been applied to its bid since, at the time of bid opening, it was a labor surplus area concern. GAO held that, regardless of the protester's status, it failed to indicate the performing facility's address as required by a clause in the solicitation, thereby making it ineligible for a surplus area preference. Accordingly, the protest was denied.

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