B-225359.2, DEC 8, 1986, 86-2 CPD 658
Highlights
PROCUREMENT - BID PROTEST - GAO PROCEDURES - PROTEST TIMELINESS - APPARENT SOLICITATION IMPROPRIETIES DIGEST: PROTEST OF IFB'S LACK OF TESTING REQUIREMENTS IS UNTIMELY WHERE FILED AFTER BID OPENING. ITI CONTENDS THAT ALL BIDDERS' KITS SHOULD HAVE BEEN SUBJECTED TO A COMPREHENSIVE TEST AND EVALUATION BEFORE BEING CONSIDERED FOR AWARD TO INSURE THAT THEY WERE OF THE SAME HIGH QUALITY AS THOSE PREVIOUSLY SUPPLIED BY ITI. OUR BID PROTEST REGULATIONS REQUIRE THAT PROTESTS BASED ON ALLEGED SOLICITATION IMPROPRIETIES THAT ARE APPARENT PRIOR TO BID OPENING MUST BE FILED BEFORE THAT DATE. 4 C.F.R. SINCE ITI'S PROTEST OF THE IFB'S FAILURE TO REQUIRE TESTING FOR KITS WAS FIRST FILED WITH OUR OFFICE ON NOVEMBER 26.
B-225359.2, DEC 8, 1986, 86-2 CPD 658
PROCUREMENT - BID PROTEST - GAO PROCEDURES - PROTEST TIMELINESS - APPARENT SOLICITATION IMPROPRIETIES DIGEST: PROTEST OF IFB'S LACK OF TESTING REQUIREMENTS IS UNTIMELY WHERE FILED AFTER BID OPENING.
INSTRUMENT TECHNOLOGY, INC.:
INSTRUMENT TECHNOLOGY, INC. (ITI), PROTESTS AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS (IFB) NO. 0000-620081, ISSUED BY THE UNITED STATES DEPARTMENT OF STATES FOR BORESCOPE KITS.
WE DISMISS THE PROTEST.
ITI CONTENDS THAT ALL BIDDERS' KITS SHOULD HAVE BEEN SUBJECTED TO A COMPREHENSIVE TEST AND EVALUATION BEFORE BEING CONSIDERED FOR AWARD TO INSURE THAT THEY WERE OF THE SAME HIGH QUALITY AS THOSE PREVIOUSLY SUPPLIED BY ITI.
OUR BID PROTEST REGULATIONS REQUIRE THAT PROTESTS BASED ON ALLEGED SOLICITATION IMPROPRIETIES THAT ARE APPARENT PRIOR TO BID OPENING MUST BE FILED BEFORE THAT DATE. 4 C.F.R. SEC. 21.2(A)(1) (1986). SINCE ITI'S PROTEST OF THE IFB'S FAILURE TO REQUIRE TESTING FOR KITS WAS FIRST FILED WITH OUR OFFICE ON NOVEMBER 26, 1986, AFTER THE SEPTEMBER 26, 1986, BID OPENING, IT IS UNTIMELY AND WILL NOT BE CONSIDERED. SEE C.R. DANIELS, INC., B-221313, APR. 22, 1986, 86-1 CPD PARA. 390.