B-183961, MAY 28, 1975
Highlights
IS UNTIMELY UNDER SECTION 20.2(A) OF THE INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH REQUIRES THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING. HEWITT CONTRACTING COMPANY: THIS IS A PROTEST BY HEWITT CONTRACTING COMPANY (HEWITT) AGAINST THE AWARD OF THE CONSTRUCTION OF TRAINING FACILITIES - PHASE 1 (AIT). HEWITT CONTENDS THAT PORTIONS OF THE IFB WERE AMBIGUOUS AND. TRUE COMPETITIVE BIDDING WAS NOT PERMITTED. THE RECORD INDICATES THAT BIDS WERE OPENED ON MAY 15. HEWITT'S PROTEST TO OUR OFFICE WAS NOT RECEIVED UNTIL MAY 20. PROVIDES IN PERTINENT PART THAT "PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING *** SHALL BE FILED PRIOR TO BID OPENING ***.".
B-183961, MAY 28, 1975
PROTEST ALLEGING AMBIGUITY IN SPECIFICATIONS, FILED AFTER BID OPENING, IS UNTIMELY UNDER SECTION 20.2(A) OF THE INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH REQUIRES THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING.
HEWITT CONTRACTING COMPANY:
THIS IS A PROTEST BY HEWITT CONTRACTING COMPANY (HEWITT) AGAINST THE AWARD OF THE CONSTRUCTION OF TRAINING FACILITIES - PHASE 1 (AIT), AT FORT BENNING, GEORGIA, UNDER INVITATION FOR BIDS (IFB) NO. DACA21-75-B 0102, ISSUED BY THE UNITED STATES ARMY ENGINEER DISTRICT, SAVANNAH, GEORGIA. HEWITT CONTENDS THAT PORTIONS OF THE IFB WERE AMBIGUOUS AND, THEREFORE, TRUE COMPETITIVE BIDDING WAS NOT PERMITTED.
THE RECORD INDICATES THAT BIDS WERE OPENED ON MAY 15, 1975. HEWITT'S PROTEST TO OUR OFFICE WAS NOT RECEIVED UNTIL MAY 20, 1975. SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS, PUBLISHED AT 4 CODE OF FEDERAL REGULATIONS, PART 20, PROVIDES IN PERTINENT PART THAT "PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING *** SHALL BE FILED PRIOR TO BID OPENING ***." THEREFORE, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED BY OUR OFFICE ON ITS MERITS.