B-226186, FEB 25, 1987
Highlights
PROCUREMENT - BID PROTEST - GAO PROCEDURES - AGENCY NOTIFICATION DIGEST: AGENCY REQUEST THAT PROTEST BE DISMISSED BECAUSE PROTESTER FAILED TO FURNISH A COPY OF THE PROTEST TO THE CONTRACTING AGENCY WITHIN 1 DAY OF ITS FILING WITH GAO IS GRANTED WHERE 11 DAYS HAVE ELAPSED AND CONTRACTING AGENCY HAS NOT RECEIVED A COPY OF THE PROTEST. VEC CONTENDS THAT THE AWARD TO CVS WAS IMPROPER BECAUSE CVS HAS RECEIVED A DISPROPORTIONATE AWARD OF GOVERNMENT CONTRACTS FOR CALENDAR YEAR 1986. THE REQUIREMENT TO FURNISH A COPY OF THE PROTEST TO THE CONTRACTING AGENCY WITHIN 1 DAY AFTER THE PROTEST IS FILED WITH OUR OFFICE IS NECESSITATED BY THE STRICT TIME LIMITS IMPOSED BY THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA).
B-226186, FEB 25, 1987
PROCUREMENT - BID PROTEST - GAO PROCEDURES - AGENCY NOTIFICATION DIGEST: AGENCY REQUEST THAT PROTEST BE DISMISSED BECAUSE PROTESTER FAILED TO FURNISH A COPY OF THE PROTEST TO THE CONTRACTING AGENCY WITHIN 1 DAY OF ITS FILING WITH GAO IS GRANTED WHERE 11 DAYS HAVE ELAPSED AND CONTRACTING AGENCY HAS NOT RECEIVED A COPY OF THE PROTEST.
VALUE ENGINEERING CONSULTANTS:
VALUE ENGINEERING CONSULTANTS (VEC) PROTESTS THE AWARD OF A CONTRACT TO CONSULTING VALUE SPECIALISTS, INC. (CVS), UNDER REQUEST FOR PROPOSALS (RFP) NO. DACW07-86-R-0039, ISSUED BY THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS FOR CERTAIN VALUE ENGINEERING SERVICES. VEC CONTENDS THAT THE AWARD TO CVS WAS IMPROPER BECAUSE CVS HAS RECEIVED A DISPROPORTIONATE AWARD OF GOVERNMENT CONTRACTS FOR CALENDAR YEAR 1986. IN ADDITION, THE PROTESTER QUESTIONS THE EVALUATION OF PROPOSALS, ASSERTING THAT IT HAS MORE EXPERIENCE AND MORE QUALIFIED PERSONNEL THAN THE AWARDEE.
WE DISMISS THE PROTEST BECAUSE WE CONCLUDE THAT THE PROTESTER HAS NOT COMPLIED WITH SECTION 21.1(D) OF OUR BID PROTEST REGULATIONS. SEE 4 C.F.R. SEC. 21.1(D) (1986).
VEC FILED ITS PROTEST WITH OUR OFFICE ON FEBRUARY 3, 1987. ON FEBRUARY 19, WE RECEIVED A WRITTEN REQUEST FROM THE CONTRACTING AGENCY THAT THE PROTEST BE DISMISSED BECAUSE AS OF THAT DATE THE CONTRACTING OFFICER HAS NOT RECEIVED A COPY OF VEC'S PROTEST, IN CONTRAVENTION OF OUR REGULATIONS. THE REQUIREMENT TO FURNISH A COPY OF THE PROTEST TO THE CONTRACTING AGENCY WITHIN 1 DAY AFTER THE PROTEST IS FILED WITH OUR OFFICE IS NECESSITATED BY THE STRICT TIME LIMITS IMPOSED BY THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA), 31 U.S.C. SEC. 3553 (SUPP. III 1985). SEE C-RAN CORP., B-218553.2, MAY 14, 1985, 85-1 CPD PARA. 543. ANY DELAY IN PROVIDING A COPY OF THE PROTEST TO THE CONTRACTING AGENCY NECESSARILY DELAYS THE PROTEST PROCEEDINGS AND FRUSTRATES OUR EFFORTS TO CONSIDER ALL OBJECTIONS TO AGENCY PROCUREMENT ACTIONS WITHIN THE STATUTORY TIME LIMITATIONS IMPOSED BY CICA. BRUNK TOOL & DIE CO., B-218154.2, 64 COMP.GEN. 329 (1985). 85-1 CPD PARA. 282.
ACCORDINGLY, THE PROTEST IS DISMISSED.