B-208159.2, OCT 29, 1985, OFFICE OF GENERAL COUNSEL
Highlights
CONTRACTS - PROTESTS - SUMMARY DISMISSAL DIGEST: LETTER RESPONDING TO POTENTIAL PROTESTER'S REQUEST FOR DEFINITION OF THE DIFFERENCE BETWEEN DISMISSALS AND DENIALS OF BID PROTESTS STATES THAT PROTESTS ARE DISMISSED WHEN THE ISSUES RAISED ARE NOT FOR CONSIDERATION ON THE MERITS. ARE WITHOUT MERIT. PROTESTS ARE DENIED WHEN THEY ARE FULLY DEVELOPED AND THEN FOUND TO BE WITHOUT MERIT. GOVERNMENT OPERATIONS THIS IS IN RESPONSE TO YOUR LETTER DATED OCTOBER 11. IN WHICH YOU REQUESTED AN EXPLANATION OF THE DIFFERENCE BETWEEN PROTESTS WHICH ARE DISMISSED AND THOSE WHICH ARE DENIED. THERE ARE TWO TYPES OF DISMISSALS. THE FIRST IS A PROTEST CLOSED WITHOUT CONSIDERATION OF THE MERITS. A PROTEST WILL BE DISMISSED ON PROCEDURAL GROUNDS IF IT IS NOT TIMELY OR THE PROTESTER DOES NOT QUALIFY AS AN INTERESTED PARTY ENTITLED TO FILE THE PROTEST.
B-208159.2, OCT 29, 1985, OFFICE OF GENERAL COUNSEL
CONTRACTS - PROTESTS - SUMMARY DISMISSAL DIGEST: LETTER RESPONDING TO POTENTIAL PROTESTER'S REQUEST FOR DEFINITION OF THE DIFFERENCE BETWEEN DISMISSALS AND DENIALS OF BID PROTESTS STATES THAT PROTESTS ARE DISMISSED WHEN THE ISSUES RAISED ARE NOT FOR CONSIDERATION ON THE MERITS, OR ON THEIR FACE, ARE WITHOUT MERIT. PROTESTS ARE DENIED WHEN THEY ARE FULLY DEVELOPED AND THEN FOUND TO BE WITHOUT MERIT.
JOHN FLUKE MFG. CO., INC.:
5640 FISHERS LANE
ROCKVILLE, MD 20852
ATTENTION: MR. ROBERT R. OLLWEILER
NATIONAL PROGRAM & ACCOUNT
MANAGER, GOVERNMENT OPERATIONS
THIS IS IN RESPONSE TO YOUR LETTER DATED OCTOBER 11, 1985, IN WHICH YOU REQUESTED AN EXPLANATION OF THE DIFFERENCE BETWEEN PROTESTS WHICH ARE DISMISSED AND THOSE WHICH ARE DENIED.
IN GENERAL, THERE ARE TWO TYPES OF DISMISSALS. THE FIRST IS A PROTEST CLOSED WITHOUT CONSIDERATION OF THE MERITS. FOR EXAMPLE, A PROTEST WILL BE DISMISSED ON PROCEDURAL GROUNDS IF IT IS NOT TIMELY OR THE PROTESTER DOES NOT QUALIFY AS AN INTERESTED PARTY ENTITLED TO FILE THE PROTEST. PROTEST WILL ALSO BE DISMISSED IF IT RAISES ISSUES WHICH OUR OFFICE DOES NOT CONSIDER, SUCH AS THE ISSUANCE BY THE SMALL BUSINESS ADMINISTRATION OF A CERTIFICATE OF COMPETENCY TO A SMALL BUSINESS. OTHER GROUNDS FOR SUCH DISMISSALS ARE LISTED IN SECTION 21.3(F) OF OUR BID PROTEST REGULATION, 4 C.F.R. SEC. 21.3(F) (1985).
IN THE SECOND TYPE OF DISMISSAL, WE EXAMINE THE ISSUES RAISED BY THE PROTESTER AND CONCLUDE THAT THEY DO NOT STATE A VALID BASIS FOR PROTEST. IN SUCH A CASE, IT IS EVIDENT FROM THE FACE OF THE PROTEST THAT THE CONTENTIONS MADE ARE WITHOUT MERIT, AND WE WILL DISMISS THE CASE USUALLY WITHOUT REQUIRING THE CONTRACTING AGENCY TO SUBMIT A REPORT ON THE PROTEST. IN BOTH TYPES OF CASES, WHEN THE PROPRIETY OF THE DISMISSAL BECOMES CLEAR ONLY AFTER INFORMATION IS PROVIDED BY THE CONTRACTING AGENCY OR IS OTHERWISE OBTAINED BY OUR OFFICE, WE WILL DISMISS THE PROTEST AT THAT TIME.
IN CONTRAST, PROTESTS ARE DENIED WHEN THE CASE HAS BEEN FULLY DEVELOPED-- THE CONTRACTING AGENCY HAS SUBMITTED A REPORT ON THE PROTEST, FOLLOWED BY COMMENTS BY THE PROTESTER-- AND THE ISSUES RAISED THEN ARE FOUND TO BE WITHOUT MERIT.