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B-190358 1 (1977-10-21)

handle is hein.gao/gaobadfey0001 and id is 1 raw text is: 







                                         / THE   COMPTROLLER ENERAL
               ECIllI        i             OF   THE    UNITED       WTATEE
                                           WAUHIlGTON, D.C. 20-45


U'%

               FILE:   1-190353                   DATE:  October 21, 1977

               MATTER   OF:    K-MCC, Inc. Consultants


               DIGEST:

                   Protest against restrictive specificatione
                   and ambiguous evaluation criteria filed after
                   closing date for receipt of initial aroposals
                   is untimely under 4 C.F.R. I 20.2(b)(1) (1977)
                   whic. requires filing of protests against alleged
                   improprieties apparent in solicitation before
                   closing date for receipt of initial proposals.
                                    I
                   K-MCC, Inc. Consultants (K-MCC) has protested any awacd under
              request for proposals (RFP) No. 10-77-1032 issued by the Depart-
              ment of Health, Education, and Wellsre.

                   K-1CC's protest is based on the contentions that the
              specificatione are restrictive and that the evaluation criteria
              are ambiguous and open to unequal application.

                   Section 20.2(b)(1) of our Bid Proteat Procedures (4 C.F.R.
              part 20 (1977)) states protests 5ased upon alleged solicitation
              improprieties apparent prior te.the closing date for receipt of
              initial proposals must be filed prior to the closing date for receipt
              of initial proposals. The closing date for the instant REP
              was August 22, 1977, and the protest by K-MCC was not filed with
              our Office until a month later. Since the alleged deficiencies In
              the solicitation were apparent prior to the closing date, the
              protest is untimely.

                   Accordingly, the protest will not be considered on its
              merits.




                                           Paul G. D  bling
                                           General Counsel







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