B-218907, MAY 28, 1985, 85-1 CPD 609
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SIGNIFICANT ISSUE EXCEPTION - NOT FOR APPLICATION DIGEST: UNTIMELY PROTEST WITH REGARD TO INCONSISTENT SPECIFICATIONS WILL NOT BE CONSIDERED UNDER SIGNIFICANT ISSUE EXCEPTION TO TIMELINESS RULES BECAUSE ISSUE RAISED IS NOT ONE OF WIDESPREAD INTEREST. APPARENTLY RECOGNIZING THAT THE PROTEST IS UNTIMELY UNDER OUR BID PROTEST REGULATIONS. STATING THAT THE VOLTMETER SPECIFICATIONS WERE NOT AMBIGUOUS OR CONTRADICTORY AND REFLECTED THE MINIMUM NEEDS OF THE EXPECTED USERS. WE HAVE CONSIDERED NUMEROUS PROTESTS REGARDING DEFECTIVE SPECIFICATIONS AND DO NOT CONSIDER THIS ISSUE TO BE SIGNIFICANT WITHIN THE ABOVE REGULATION.
B-218907, MAY 28, 1985, 85-1 CPD 609
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SIGNIFICANT ISSUE EXCEPTION - NOT FOR APPLICATION DIGEST: UNTIMELY PROTEST WITH REGARD TO INCONSISTENT SPECIFICATIONS WILL NOT BE CONSIDERED UNDER SIGNIFICANT ISSUE EXCEPTION TO TIMELINESS RULES BECAUSE ISSUE RAISED IS NOT ONE OF WIDESPREAD INTEREST.
BROMION INCORPORATED:
BROMION INCORPORATED (BROMION) PROTESTS THE SPECIFICATIONS UNDER SOLICITATION NO. DAAJ10-85-R-A073 ISSUED BY THE U.S. ARMY TROOP SUPPORT COMMAND (ARMY) FOR VOLTMETERS.
BROMION, APPARENTLY RECOGNIZING THAT THE PROTEST IS UNTIMELY UNDER OUR BID PROTEST REGULATIONS, 4 C.F.R. PART 21 (1985), ARGUES THAT IT PRESENTS AN ISSUE SIGNIFICANT TO THE PROCUREMENT SYSTEM SO THAT WE SHOULD CONSIDER THE MERITS OF THE PROTEST UNDER THE SIGNIFICANT ISSUE EXCEPTION TO OUR TIMELINESS RULES. SEE 4 C.F.R. SEC. 21.2(C).
THE ARMY PREVIOUSLY REVIEWED AND DENIED BROMION'S PROTEST IN ITS ENTIRETY, STATING THAT THE VOLTMETER SPECIFICATIONS WERE NOT AMBIGUOUS OR CONTRADICTORY AND REFLECTED THE MINIMUM NEEDS OF THE EXPECTED USERS.
WE HAVE CONSIDERED NUMEROUS PROTESTS REGARDING DEFECTIVE SPECIFICATIONS AND DO NOT CONSIDER THIS ISSUE TO BE SIGNIFICANT WITHIN THE ABOVE REGULATION. THE SIGNIFICANT ISSUE EXCEPTION, WHICH IS EXERCISED SPARINGLY SO THAT OUR TIMELINESS RULES DO NOT BECOME MEANINGLESS, IS LIMITED TO ISSUES OF WIDESPREAD INTEREST TO THE PROCUREMENT COMMUNITY AND WHICH HAVE NOT BEEN CONSIDERED PREVIOUSLY. CALIFORNIA AERO DYNAMICS CORP.-- REQUEST FOR RECONSIDERATION, B-216501.2, DEC. 6, 1984, 84-2 CPD PARA. 635.
THE PROTEST IS DISMISSED.