Untimely Protest Regarding Solicitation Specifications
Highlights
The protester objected to the award of a contract, alleging that the solicitation specifications were vague and ambiguous. The protest was untimely and not for consideration since it was filed subsequent to bid opening.
B-187016, AUGUST 6, 1976
WHERE BID OPENING WAS HELD JULY 15, 1976, PROTEST DATED JULY 20, 1976, BASED UPON ALLEGEDLY VAGUE AND AMBIGUOUS SPECIFICATIONS IS UNTIMELY PURSUANT TO BID PROTEST PROCEDURES.
NATIONAL UNIFORM COMPANY, INC.:
BY MAIL GRAM DATED JULY 20, 1976, NATIONAL UNIFORM COMPANY, INC. (NATIONAL), PROTESTS AWARD OF A CONTRACT UNDER SOLICITATION DADA15-76-B 0077, ISSUED BY WALTER REED ARMY MEDICAL CENTER, ON THE BASIS OF ALLEGEDLY VAGUE AND AMBIGUOUS SPECIFICATIONS. BID OPENING WAS JULY 15, 1976.
SECTION 20.2(B)(1) OF OUR BID PROTEST PROCEDURES, 40 FED.REG. 17979 (1975) PROVIDES THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING MUST BE FILED PRIOR TO BID OPENING. SINCE NATIONAL'S PROTEST CONCERNS ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH WERE APPARENT PRIOR TO BID OPENING, THE PROTEST SHOULD HAVE BEEN FILED PRIOR TO THE BID OPENING DATE OF JULY 15, 1976. YET, AS NOTED ABOVE, NATIONAL'S PROTEST IS DATED JULY 20, 1976. THUS, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.