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B-198737, MAY 22, 1980

B-198737 May 22, 1980
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DIGEST: PROTEST ALLEGING IMPROPRIETY IN SOLICITATION - INADEQUATE TIME FOR SUBMITTING PROPOSALS - WHICH IS APPARENT PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY AND WILL NOT BE CONSIDERED ON MERITS SINCE NOT FILED PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS. MICROCOM CONTENDS THAT THE SOLICITATION IS RESTRICTIVE BECAUSE THE 27-DAY RESPONSE TIME FOR SUBMITTING PROPOSALS WAS INADEQUATE FOR SMALL BUSINESS FIRMS. OUR BID PROTEST PROCEDURES PROVIDE THAT A PROTEST BASED UPON AN ALLEGED IMPROPRIETY IN A SOLICITATION WHICH IS APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS MUST BE FILED PRIOR TO THAT DATE. 4 C.F.R. 1980 WAS THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS.

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B-198737, MAY 22, 1980

DIGEST: PROTEST ALLEGING IMPROPRIETY IN SOLICITATION - INADEQUATE TIME FOR SUBMITTING PROPOSALS - WHICH IS APPARENT PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY AND WILL NOT BE CONSIDERED ON MERITS SINCE NOT FILED PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS.

MICROCOM CORPORATION:

MICROCOM CORPORATION (MICROCOM) PROTESTS THE AWARD OF A CONTRACT UNDER SOLICITATION NUMBER GSC-CDPCE-K-00006-N-4-8-80 ISSUED BY THE GENERAL SERVICES ADMINISTRATION FOR THE PROCUREMENT OF COMMUNICATIONS EQUIPMENT. MICROCOM CONTENDS THAT THE SOLICITATION IS RESTRICTIVE BECAUSE THE 27-DAY RESPONSE TIME FOR SUBMITTING PROPOSALS WAS INADEQUATE FOR SMALL BUSINESS FIRMS.

OUR BID PROTEST PROCEDURES PROVIDE THAT A PROTEST BASED UPON AN ALLEGED IMPROPRIETY IN A SOLICITATION WHICH IS APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS MUST BE FILED PRIOR TO THAT DATE. 4 C.F.R. SEC. 20.2(B)(1) (1980). MICROCOM INFORMS US THAT APRIL 8, 1980 WAS THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS. THE PROTEST WAS FILED WITH OUR OFFICE ON MAY 7, 1980. THEREFORE, THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON ITS MERITS. PLASMADYNE, B-193726, MARCH 7, 1979, 79-1 CPD 162.

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