B-187310, NOVEMBER 2, 1976
Highlights
UNTIMELY PROTEST INVOLVING EVALUATION CRITERIA IS NOT SIGNIFICANT ISSUE SO AS TO JUSTIFY DECISION ON MERITS OF PROTEST. SINCE PROTESTER DOES NOT ADVANCE ANY ADDITIONAL FACTS OR LEGAL ARGUMENTS WHICH SHOW THAT EARLIER DECISION WAS ERRONEOUS. PRIOR DECISION HOLDING PROTEST UNTIMELY IS AFFIRMED. WHICH DECLINED TO CONSIDER THE MERITS OF ITS PROTEST AS THE PROTEST WAS DETERMINED NOT TO HAVE BEEN TIMELY FILED IN OUR OFFICE. UNIROYAL CONTENDED THAT OFFERS SHOULD HAVE BEEN EVALUATED ON A COST-PER-SQUARE-FOOT BASIS RATHER THAN ON A COST PER-SHEET BASIS. WE CONCLUDED THAT UNIROYAL'S PROTEST INVOLVED AN ALLEGED DEFICIENCY IN THE METHOD OF EVALUATION STATED IN THE SOLICITATION AND SHOULD HAVE BEEN PROTESTED PRIOR TO THE CLOSING DATE FOR SUBMISSION OF PROPOSALS.
B-187310, NOVEMBER 2, 1976
UNTIMELY PROTEST INVOLVING EVALUATION CRITERIA IS NOT SIGNIFICANT ISSUE SO AS TO JUSTIFY DECISION ON MERITS OF PROTEST. SINCE PROTESTER DOES NOT ADVANCE ANY ADDITIONAL FACTS OR LEGAL ARGUMENTS WHICH SHOW THAT EARLIER DECISION WAS ERRONEOUS, PRIOR DECISION HOLDING PROTEST UNTIMELY IS AFFIRMED.
UNIROYAL, INC.:
UNIROYAL, INC., HAS REQUESTED RECONSIDERATION OF OUR DECISION OF OCTOBER 5, 1976, WHICH DECLINED TO CONSIDER THE MERITS OF ITS PROTEST AS THE PROTEST WAS DETERMINED NOT TO HAVE BEEN TIMELY FILED IN OUR OFFICE.
IN ITS INITIAL PROTEST, UNIROYAL CONTENDED THAT OFFERS SHOULD HAVE BEEN EVALUATED ON A COST-PER-SQUARE-FOOT BASIS RATHER THAN ON A COST PER-SHEET BASIS.
SINCE WE FOUND THAT THE RFP CLEARLY PROVIDED FOR EVALUATION OF OFFERS ON A COST-PER-SHEET BASIS, WE CONCLUDED THAT UNIROYAL'S PROTEST INVOLVED AN ALLEGED DEFICIENCY IN THE METHOD OF EVALUATION STATED IN THE SOLICITATION AND SHOULD HAVE BEEN PROTESTED PRIOR TO THE CLOSING DATE FOR SUBMISSION OF PROPOSALS, CITING SECTION 20.2(B)(1) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. 20 (1976).
UNIROYAL REQUESTS RECONSIDERATION UNDER SECTION 20.2(C) OF OUR BID PROTEST PROCEDURES, WHICH PERMITS CONSIDERATION OF AN OTHERWISE UNTIMELY PROTEST WHERE THE PROTEST RAISES ISSUES SIGNIFICANT TO PROCUREMENT PRACTICES OR PROCEDURES.
IT IS OUR VIEW THAT THE USE OF A COST-PER-SHEET METHOD OF EVALUATION IN THIS PROCUREMENT PRACTICES OR PROCEDURES. WE HAVE HELD THAT "ISSUES SIGNIFICANT TO PROCUREMENT PRACTICES OR PROCEDURES" REFERS TO THE PRESENCE OF A PRINCIPLE OF WIDESPREAD INTEREST. FAIRCHILD INDUSTRIES, INC., B-184655, OCTOBER 30, 1975, 75-2 CPD 264. QUESTIONS REGARDING EVALUATION CRITERIA OF THE NATURE INVOLVED HERE DO NOT CONTAIN THE REQUISITE LEVEL OF PROCUREMENT INTEREST EXEMPLIFIED BY APPLICABLE CASES. HOMEMAKER HEALTH AIDE SERVICE OF THE NATIONAL CAPITAL AREA, INC., -- RECONSIDERATION, B-185924, MAY 12, 1976, 76-1 CPD 317.
SINCE UNIROYAL DOES NOT ADVANCE ADDITIONAL FACTS OR OFFER ANY ARGUMENTS OF LAW THAT DEMONSTRATE OUR INITIAL DECISION WAS IN ERROR, OUR DECISION OF OCTOBER 5 IS AFFIRMED.