B-211335, MAY 19, 1983
Highlights
DIGEST: PROTEST AGAINST PROCURING ACTIVITY'S REFUSAL TO FURNISH INVITATION FOR BIDS IS UNTIMELY WHEN FILED AFTER BID OPENING. THE BID OPENING DATE FOR THE IFB WAS APRIL 1. WAS RECEIVED IN OUR OFFICE ON APRIL 4. THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.
B-211335, MAY 19, 1983
DIGEST: PROTEST AGAINST PROCURING ACTIVITY'S REFUSAL TO FURNISH INVITATION FOR BIDS IS UNTIMELY WHEN FILED AFTER BID OPENING.
AARON REFRIGERATION SERVICES:
AARON REFRIGERATION SERVICES PROTESTS THAT DAVIS-MONTHAN AIR FORCE BASE REFUSED ITS REQUEST TO BE FURNISHED INVITATION FOR BIDS (IFB) NO. F02601- 83-B0015.
WE DISMISS THE PROTEST.
OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST AGAINST ALLEGED IMPROPRIETIES IN AN IFB SOLICITATION BE FILED BEFORE THE BID OPENING. C.F.R. SEC. 21.2(B)(1) (1983). THIS REQUIREMENT APPLIES TO A PROCURING ACTIVITY'S FAILURE TO FURNISH A SOLICITATION. SECURITY ASSISTANCE FORCES & EQUIPMENT OHG, B-201839, DECEMBER 31, 1981, 81-2 CPD 516. FOR PROTESTS FILED WITH US, THE TERM "FILED" IN THE REQUIREMENT MEANS RECEIPT IN OUR OFFICE. SHELL COMPUTER SYSTEMS, INC., B-203986, JULY 23, 1981, 81-2 CPD 58. THE BID OPENING DATE FOR THE IFB WAS APRIL 1, 1983, BUT THE PROTEST SENT BY CERTIFIED MAIL ON MARCH 29, 1983, WAS RECEIVED IN OUR OFFICE ON APRIL 4, 1983. THEREFORE, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.