B-213155, NOV 21, 1983
Highlights
DIGEST: PROTEST AGAINST ALLEGED SPECIFICATION DEFECTS IS UNTIMELY UNDER OUR BID PROTEST PROCEDURES SINCE IT WAS NOT FILED PRIOR TO BID OPENING. KING- FISHER CONTENDS THAT THE SPECIFICATIONS ISSUED BY THE ARMY ARE PROPRIETARY AND CAN ONLY BE MET BY ONE FIRM. KING-FISHER COMPLAINS THAT THE SPECIFICATIONS ARE CONFUSING AND REQUESTS THAT BIDDING BE HALTED UNTIL THE SPECIFICATIONS ARE CLARIFIED. WHICH ARE APPARENT PRIOR TO BID OPENING. FILED IS DEFINED AS "RECEIPT IN THE GENERAL ACCOUNTING OFFICE.". KING-FISHER'S PROTEST CONCERNS ALLEGED IMPROPRIETIES THAT WERE APPARENT ON THE FACE OF THE SOLICITATION. BIDS WERE OPENED AT 2 P.M. THE PROTEST WAS NOT TIMELY FILED AND WILL NOT BE CONSIDERED ON THE MERITS.
B-213155, NOV 21, 1983
DIGEST: PROTEST AGAINST ALLEGED SPECIFICATION DEFECTS IS UNTIMELY UNDER OUR BID PROTEST PROCEDURES SINCE IT WAS NOT FILED PRIOR TO BID OPENING.
KING-FISHER COMPANY:
KING-FISHER COMPANY PROTESTS ANY AWARD UNDER INVITATION FOR BIDS (IFB) NO. DACA31-83-B-0140 ISSUED BY THE DEPARTMENT OF THE ARMY FOR THE UPGRADE AND REPLACEMENT OF THE FIRE ALARM SYSTEM AT FORT BELVOIR, VIRGINIA. KING- FISHER CONTENDS THAT THE SPECIFICATIONS ISSUED BY THE ARMY ARE PROPRIETARY AND CAN ONLY BE MET BY ONE FIRM. IN ADDITION, KING-FISHER COMPLAINS THAT THE SPECIFICATIONS ARE CONFUSING AND REQUESTS THAT BIDDING BE HALTED UNTIL THE SPECIFICATIONS ARE CLARIFIED.
OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST BASED UPON ALLEGED IMPROPRIETIES IN AN IFB, WHICH ARE APPARENT PRIOR TO BID OPENING, MUST BE FILED PRIOR TO BID OPENING. 4 C.F.R. SEC. 21.2(B)(1) (1983); SEE ALSO LEPRIX ELECTRICAL DISTRIBUTORS, LTD., B-212340, JULY 21, 1983, 83-2 CPD 115. FILED IS DEFINED AS "RECEIPT IN THE GENERAL ACCOUNTING OFFICE." C.F.R. SEC. 21.2(B)(3) (1983). KING-FISHER'S PROTEST CONCERNS ALLEGED IMPROPRIETIES THAT WERE APPARENT ON THE FACE OF THE SOLICITATION. BIDS WERE OPENED AT 2 P.M., SEPTEMBER 23, 1983; HOWEVER, KING-FISHER DID NOT FILE ITS PROTEST WITH OUR OFFICE UNTIL 4:37 P.M., SEPTEMBER 23, 1983, AS EVIDENCED BY OUR OFFICE TIME/DATE STAMP. ACCORDINGLY, THE PROTEST WAS NOT TIMELY FILED AND WILL NOT BE CONSIDERED ON THE MERITS. ROBERT DOWLING, B-202511, APRIL 6, 1981, 81-1 CPD 263.
WE DISMISS THE PROTEST.