[Protest of Air Force Contract Award for Thermal Fused Plugs]
Highlights
A firm protested an Air Force sole-source contract award for thermal fused plugs, contending that the Air Force improperly: (1) denied it an opportunity to compete for award; and (2) evaluated its alternative bid and required it to undergo qualification testing. GAO held that the Air Force: (1) properly made award on a sole source basis; (2) reasonably determined that the awardee was the only known qualified source capable of meeting its requirements; and (3) properly required the protester to submit its alternate product for dynamic testing, since it could not evaluate the acceptability of the protester's product. Accordingly, the protest was denied.
B-208390, SEP 8, 1982
DIGEST: PROTEST IS DISMISSED AS UNTIMELY WHERE PROTESTER DID NOT CHALLENGE CANCELLATION OF IFB UNTIL 5 MONTHS AFTER NOTICE OF CANCELLATION.
ALCHEMY, INC.:
ALCHEMY, INC. (ALCHEMY), PROTESTS THAT IT SHOULD BE AWARDED THE CONTRACT UNDER DEFENSE LOGISTICS AGENCY INVITATION FOR BIDS (IFB) NO. DLA700-82-B- 2173 WITHOUT HAVING TO COMPETE FOR IT, SINCE THE IFB IS A RESOLICITATION OF CANCELED IFB NO. DLA700-82-B-0184 ON WHICH IT WAS THE LOW BIDDER.
THE PROTEST IS UNTIMELY.
BY LETTER DATED FEBRUARY 26, 1982, ALCHEMY WAS ADVISED THAT IFB NO. DLA700-82-B-0184 WAS CANCELED WITH NO EXPLANATION OTHER THAN A CITATION TO DEFENSE ACQUISITION REGULATION SEC. 2-404.1(B)(VIII) (1976 ED.) AND A STATEMENT THAT THE CANCELLATION WAS IN THE BEST INTEREST OF THE GOVERNMENT. AT THE TIME, ALCHEMY DID NOT PURSUE THE SPECIFIC REASON FOR THE DETERMINATION THAT THE CANCELLATION WAS IN THE BEST INTEREST OF THE GOVERNMENT. IN MAINTAINING THAT IT SHOULD BE AWARDED THE CONTRACT UNDER IFB DLA700-82-B-2173, ALCHEMY IS, IN EFFECT, CHALLENGING THE CANCELLATION OF IFB DLA700-82-B-0184 NOW.
OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS TO OUR OFFICE BE FILED (RECEIVED) IN OUR OFFICE NO LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. C.F.R. SEC. 21.2(B)(2) (1982). THUS, ALCHEMY WAS NOT DILIGENT IN PURSUING THE PROTEST AND THE JULY 23, 1982, PROTEST OF THE FEBRUARY 26, 1982, NOTICE OF CANCELLATION IS UNTIMELY. L.W.SLOAN BUILDERS, INC., B-204682.2, JULY 12, 1982, 82-2 CPD .
PROTEST IS DISMISSED.