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DIGEST: PROTEST ALLEGING SOLICITATION IMPROPRIETIES THAT ARE APPARENT PRIOR TO BID OPENING MUST BE FILED BEFORE BID OPENING. THE PROTEST WAS FILED IN OUR OFFICE ON JANUARY 3. WE ARE INFORMED THAT THE BID OPENING DATE WAS DECEMBER 28. 1982 AND THAT AWARD WAS MADE ON DECEMBER 30. A PROTEST ALLEGING IMPROPRIETIES IN A SOLICITATION THAT ARE APPARENT PRIOR TO BID OPENING MUST BE FILED EITHER WITH THE CONTRACTING AGENCY OR OUR OFFICE BEFORE THAT TIME. 4 C.F.R. TENAVISION'S PROTEST WAS FILED AFTER BID OPENING AND THEREFORE IS UNTIMELY. THE PROTEST IS DISMISSED.

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B-210356, JAN 11, 1983

DIGEST: PROTEST ALLEGING SOLICITATION IMPROPRIETIES THAT ARE APPARENT PRIOR TO BID OPENING MUST BE FILED BEFORE BID OPENING.

TENAVISION, INC.:

TENAVISION, INC., PROTESTS THAT THE REQUIREMENTS SET FORTH IN AN INVITATION FOR BIDS (IFB) 83-21-C, ISSUED BY THE VETERANS ADMINISTRATION, RESTRICT COMPETITION TO A PROPRIETARY PRODUCT. THE PROTEST WAS FILED IN OUR OFFICE ON JANUARY 3, 1983. WE ARE INFORMED THAT THE BID OPENING DATE WAS DECEMBER 28, 1982 AND THAT AWARD WAS MADE ON DECEMBER 30, 1982.

WE DISMISS THE PROTEST. A PROTEST ALLEGING IMPROPRIETIES IN A SOLICITATION THAT ARE APPARENT PRIOR TO BID OPENING MUST BE FILED EITHER WITH THE CONTRACTING AGENCY OR OUR OFFICE BEFORE THAT TIME. 4 C.F.R. SEC. 21.2 (B)(1)(1982). TENAVISION'S PROTEST WAS FILED AFTER BID OPENING AND THEREFORE IS UNTIMELY. SEE D.F.FINDLEY AND COMPANY, B-206921, AUGUST 17, 1982, 82-2 CPD 135.

THE PROTEST IS DISMISSED.

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