B-221560, JAN 15, 1986, 86-1 CPD 52

B-221560, JAN 15, 1986, 86-1 CPD 52

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO BID OPENING/CLOSING DATE FOR PROPOSALS DIGEST: PROTEST THAT RFP IMPROPERLY RESTRICTED COMPETITION IS DISMISSED AS UNTIMELY WHEN NOT FILED BEFORE THE CLOSING DATE FOR THE RECEIPT OF INITIAL PROPOSALS.

ABBOTT PRODUCTS, INC.:

ABBOTT PRODUCTS, INC., PROTESTS THE REJECTION OF ITS PROPOSAL AS UNACCEPTABLE UNDER DEPARTMENT OF THE ARMY REQUEST FOR PROPOSALS (RFP) NO. DAAA09-85-C-1960, FOR PALLETS. WE DISMISS THE PROTEST.

THE RFP, ISSUED ON OCTOBER 23, 1985, WAS RESTRICTED TO OFFERORS THAT WERE MOBILIZATION BASE PRODUCERS. ABBOTT ESSENTIALLY PROTESTS THAT THE RESTRICTION WAS IMPROPER BECAUSE MCGRAIL EQUIPMENT IS THE ONLY SOURCE FOR THIS ITEM THAT SO QUALIFIES. ABBOTT ASSERTS THAT IT SUBMITTED THE LOWEST PRICED OFFER AND REQUESTS THAT WE ADVISE THE ARMY TO AWARD THE CONTRACT TO ABBOTT.

OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC 21.2(A)(1) (1985), REQUIRE THAT A PROTEST BASED UPON ALLEGED IMPROPRIETIES THAT ARE APPARENT FROM AN RFP BE FILED BEFORE INITIAL PROPOSALS ARE DUE. ABBOTT'S COMPLAINT IS BASED ON A MATTER EVIDENT FROM THE RFP. CONSEQUENTLY, THE PROTEST AGAINST THE RESTRICTION, WHICH BY ITS TERMS PRECLUDES ANY AWARD TO ABBOTT, IS UNTIMELY SINCE IT WAS NOT FILED UNTIL JANUARY 6, 1986, WELL AFTER THE NOVEMBER 22 CLOSING DATE FOR THE RECEIPT OF INITIAL PROPOSALS. CORVUS SYSTEMS, INC., B-211082.3, FEB 11, 1985, 85-1 CPD PARA. 173.

THE PROTEST IS DISMISSED.