B-216781, OCT 29, 1984, 84-2 CPD 474
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO BID OPENING/CLOSING DATE FOR PROPOSALS DIGEST: A PROTEST AGAINST AN ALLEGED SOLICITATION IMPROPRIETY THAT WAS APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY WHERE THE PROTEST WAS NOT FILED UNTIL AFTER THAT DATE. SHOULD HAVE INCLUDED THE CLAUSE "USED OR RECONDITIONED MATERIAL. THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS AUGUST 30. WE THEREFORE WILL NOT CONSIDER THIS PROTEST. THE PROTEST IS DISMISSED.
B-216781, OCT 29, 1984, 84-2 CPD 474
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO BID OPENING/CLOSING DATE FOR PROPOSALS DIGEST: A PROTEST AGAINST AN ALLEGED SOLICITATION IMPROPRIETY THAT WAS APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY WHERE THE PROTEST WAS NOT FILED UNTIL AFTER THAT DATE.
STC CORP.:
STC CORP. (STC) PROTESTS THAT REQUEST FOR PROPOSALS (RFP) NO. F08637 84- R0060, ISSUED BY THE UNITED STATES AIR FORCE, SHOULD HAVE INCLUDED THE CLAUSE "USED OR RECONDITIONED MATERIAL, RESIDUAL INVENTORY, AND FORMER GOVERNMENT SURPLUS PROPERTY," FEDERAL ACQUISITION REGULATION SEC. 52.210- 7, 48 FED. REG. 42,102 (1984) (TO BE CODIFIED AT 48 C.F.R. SEC. 52.210- 7).
OUR BID PROTEST PROCEDURES REQUIRE THAT ALLEGED SOLICITATION IMPROPRIETIES OBVIOUS ON THE FACE OF A NEGOTIATED SOLICITATION MUST BE PROTESTED BEFORE THE CLOSING DATE FOR RECEIPT OF PROPOSALS. 4 C.F.R. SEC. 21.2(BN1) (1984); FLAGG INTEGRATED SYSTEMS TECHNOLOGY, B-214153, AUG. 24, 1984, 84-2 CPD PARA. 221. THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS AUGUST 30, 1984; HOWEVER, STC DID NOT PROTEST TO THIS OFFICE UNTIL OCTOBER 11, 1984. WE THEREFORE WILL NOT CONSIDER THIS PROTEST.
THE PROTEST IS DISMISSED.