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B-184988 1 (1976-01-29)

handle is hein.gao/gaobaddrq0001 and id is 1 raw text is: -, THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-184988 DATE: January 29, 1976 MATTER OF: Sunroc Corporation DIGEST: 1. Failure to indicate in bid whether bidder was owned or controlled by a parent corporation is a minor informality which is waivable under FPR § 1-2.405 and does not render bid nonresponsive. 2. Failure to complete and submit with bid form providing information regarding bidder status as small business surplus labor area concern is waivable under FPR § 1-2.405 as requirement does not concern bid responsiveness but rather order of priority in negotiations with small business bidders; moreover, information was provided elsewhere in bid. 3. Protest must be considered as timely where facts indicate probability that protest was received timely by contracting activity. The Sunroc Corporation (Sunroc) protests any award to the Elkay Manufacturing Company (Elkay) under the small business set-aside portion of General Services Administration (GSA) invitation for bids No. FPGA-FH-55613-A-7-16-75. Award is being withheld pending our decision. We must first consider the argument of Elkay's counsel that the protest is untimely under our Bid Protest Procedures since bid opening was July 16, 1975, and because the protest letter was dated July 24, it obviously was received by GSA at a later date, a period of more than 5 days after the matters protested became public know- ledge. Our Bid Protest Procedures, however, in effect at the time of bid opening (40 Fed. Reg. 17979 (1975)) allow a period of up to 10 working days after the basis of the protest becomes known in which to file the protest. Since July 24 was only 6 working days after bid opening, and since GSA has not indicated that the protest was untimely received we must presume that the protest was received by GSA in a timely fashion. Consequently, we will consider the merits of the protest. - 1 -