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B-194523 1 (1979-08-02)

handle is hein.gao/gaobadhlh0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES /WASHINGTON. 0. C. 20548 FILE: B-194523 DATE: August 2, 1979 MATTER OF: NGC Investment & Development Corporation, d.b.a. Nieman Glass & Paint DIGEST: DLG 0-3?5 1. Protest that specifications were proprietary and in violation of Uniform Building Code, filed after bid opening, is untimely because these alleged problems were appar- ent from face of solicitation and protest based on such alleged defects must be filed prior to bid opening. 2. Protester alleged that awardee was permitted to modify its product and deviate from specifications, while protester's bid was not considered because of deviation. Agency has denied allegation and protester has presented no evidence to prove its allegation. Therefore, protester has failed to carry burden of affirma- tively proving allegation. NGC Investment & Development Corporation, d.b.a. Nieman Glass & Paint (NGC), has protested the award of a contract to Aluminum Marts, Inc., for window replacement at St. Paul Island, Alaska, under invitation for bids (IFB) No. NASO- 279-00131, issued by the National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. 'GC has alleged that t-h-e<pecifications are proprie- tary nd that'they do -ot meet the Uniform Buflding Code (UB&Yprovisions concerning emergency egress. NGC also alleges that Aluminum Marts is now unfairly being permitted to alter its window to deviate from the specifications, while NGC's alternate bid was not considered, even though it was low, because it deviated from the specifications.