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B-194959 1 (1979-06-25)

handle is hein.gao/gaobadhiq0001 and id is 1 raw text is: . THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES V WASHINGTON, D. C, 20548 Lwrm $ DATE: June 25, 1979 ) B-194959 MATTER OF: Syntex Laboratories Inc. DIGEST: 1. Protest to GAO alleging restrictive solicitation after denial by contracting agency will not be considered, since protest was filed with contract- ing agency untimely. 2. Even if protest to contracting agency was timely, protest to GAO filed more than month after initial adverse agency action was untimely. Syntex Laboratories Inc. (Syntex) protests the 00o '1 award of a contract by the United States Department of Agriculture (USDA) under Announcement PV-LF-1, Amendment 9, Invitation 11. The procurement is for 120,000 cases of concentrated liquid infant formula. The date set for bid opening was February 20, 1979. On March 6,Syntex filed a protest with USDA complaining that the solicitation was deficient in that it was restrictive. By letter da6t&edMarh'~28, th-e-C-0- t n Tofflcer denied Syntex's protest. Syntex subsequently protested to our Office by letter dated April 30. Section 20.2(b)(1) of our Bid Protest Procedures (Procedures), 4 C.F.R. part 20 (1978), provides: Protests based upon alleged improprieties in any type of solicita- tion which are apparent prior to bid opening or the closing date for receipt of initial proposals shall be filed prior to bid opening or the closing date for receipt of initial proposals. TA CC- 6J4~~jC/& - ,(0 FILE: 0-- ' ;'o L i c i 46A 0 rx) L PL L c-,,*41 o j