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Protest Alleging Agency Failure To Eliminate Unfair Competitive Advantage

B-182921: Jul 11, 1975

The protester objected to the agency's failure to eliminate a competitive advantage accruing to one of two acceptable offerors through the use of Government-owned equipment under a two-step advertised procurement. The protest against the evaluation provision in the first step solicitation was untimely and not for consideration since it was not filed within 5 days of notification of the adverse age...

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B-182921, JUL 11, 1975

B-182921: Jul 11, 1975

ALTHOUGH INITIAL VERBAL PROTEST AGAINST EVALUATION PROVISION IN FIRST STEP SOLICITATION OF A TWO-STEP PROCUREMENT MAY HAVE BEEN FILED WITH CONTRACTING AGENCY PRIOR TO CLOSING DATE FOR RECEIPT OF FIRST STEP PROPOSALS. SUBSEQUENT PROTEST TO GAO WAS NOT TIMELY SINCE IT WAS FILED AFTER BID OPENING DESPITE REQUIREMENT OF 4 C.F.R. 20.2(A) THAT PROTEST BE FILED WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AG...

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