B-181249, JUN 7, 1974
Highlights
PROTEST AGAINST RFP AMENDMENT FILED IN GAO 8 WORKING DAYS AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY UNDER 4 CFR 20.2(A) EVEN IF CONVERSATIONS WITH CONTRACTING OFFICER BETWEEN ISSUANCE OF AMENDMENT AND CLOSING DATE ARE CONSIDERED PROTEST TO CONTRACTING AGENCY SINCE ABSENCE OF REVISION OF AMENDMENT BY CLOSING DATE WAS ADVERSE AGENCY ACTION AND SECTION 20.2(A) PROVIDES FOR FILING OF PROTEST WITH GAO WITHIN 5 WORKING DAYS THEREAFTER. WAS AMENDED ON APRIL 26. THAT IT WAS ADVISED OF THE CONTENTS OF THE AMENDMENT ON APRIL 26. SOUTHERN MAINTAINS THAT THE AMENDMENT WAS NOT ISSUED IN SUFFICIENT TIME TO PERMIT OFFERORS TO CONSIDER FULLY THE INFORMATION IN THE AMENDMENT AND THAT THE AMENDMENT WAS NOT A "NECESSARY" OR A "SIGNIFICANT" CHANGE.
B-181249, JUN 7, 1974
PROTEST AGAINST RFP AMENDMENT FILED IN GAO 8 WORKING DAYS AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY UNDER 4 CFR 20.2(A) EVEN IF CONVERSATIONS WITH CONTRACTING OFFICER BETWEEN ISSUANCE OF AMENDMENT AND CLOSING DATE ARE CONSIDERED PROTEST TO CONTRACTING AGENCY SINCE ABSENCE OF REVISION OF AMENDMENT BY CLOSING DATE WAS ADVERSE AGENCY ACTION AND SECTION 20.2(A) PROVIDES FOR FILING OF PROTEST WITH GAO WITHIN 5 WORKING DAYS THEREAFTER.
TO SOUTHERN PACKAGING AND STORAGE CO., INC.:
RFP DSA-13H-74-R-4759, ISSUED BY THE DEFENSE SUPPLY AGENCY, WAS AMENDED ON APRIL 26, 1974, TO CHANGE TECHNICAL REQUIREMENTS FOR THE ITEM SOUGHT AND TO ESTABLISH MAY 3, 1974, AS THE FINAL CLOSING DATE FOR RECEIPT OF PROPOSALS.
SOUTHERN PACKAGING AND STORAGE CO., INC. (SOUTHERN), AN OFFEROR FOR THE ITEM, ADMITS IN ITS PROTEST LETTER OF MAY 10, 1974, RECEIVED AT GAO ON MAY 15, 1974, THAT IT WAS ADVISED OF THE CONTENTS OF THE AMENDMENT ON APRIL 26, 1974.
SOUTHERN MAINTAINS THAT THE AMENDMENT WAS NOT ISSUED IN SUFFICIENT TIME TO PERMIT OFFERORS TO CONSIDER FULLY THE INFORMATION IN THE AMENDMENT AND THAT THE AMENDMENT WAS NOT A "NECESSARY" OR A "SIGNIFICANT" CHANGE.
UNDER SECTION 20.2(A) OF GAO'S INTERIM BID PROTEST PROCEDURES AND STANDARDS:
"*** PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS SHALL BE FILED PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS. ***" (4 CFR 20.2(A).)
SOUTHERN DID NOT PROTEST TO GAO PRIOR TO THE MAY 3, 1974, CLOSING DATE. HOWEVER, IT IS NOTED THAT SOUTHERN STATES IT HAD CONVERSATIONS WITH THE CONTRACTING OFFICER REGARDING THE AMENDMENT BETWEEN THE DATE OF ISSUANCE AND THE CLOSING DATE. IF THE CONVERSATION IS TO BE CONSTRUED AS A PROTEST, THEN THE ABSENCE OF ANY REVISION OF THE AMENDMENT BY MAY 3 WAS AN ADVERSE AGENCY ACTION ON THE PROTEST. B 178990, FEBRUARY 19, 1974. THAT REGARD, SECTION 20.2(A) PROVIDES:
"*** IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 5 (WORKING) DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED PROVIDED THE INITIAL PROTEST TO THE AGENCY WAS MADE TIMELY. ***"
CONSEQUENTLY, SINCE SOUTHERN'S PROTEST WAS NOT RECEIVED AT GAO UNTIL MAY 15, 1974, SOME 8 WORKING DAYS AFTER THE RFP CLOSING DATE, IT IS UNTIMELY AND NOT FOR CONSIDERATION.