B-194414, MAY 14, 1979
Highlights
DIGEST: PROTEST ALLEGING SOLICITATION IMPROPRIETIES WHICH IS FILED AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS. WELLS CONTENDS THAT THE SPECIFICATIONS CONTAINED IN THE RFP WERE RESTRICTIVE IN THAT THE SMALL BUSINESS SET-ASIDE "LIMITS THE COMPETITIVE BIDDING TO ONE COMPANY AND IS NOT IN THE BEST INTEREST OF GOVERNMENT PURCHASING.". WHICH IS APPARENT PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS MUST BE FILED "PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS.". THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS WAS MARCH 27. THE PROTEST WAS FILED (RECEIVED) IN OUR OFFICE ON APRIL 20. THE PROTEST IS UNTIMELY FILED AND NOT FOR CONSIDERATION ON THE MERITS.
B-194414, MAY 14, 1979
DIGEST: PROTEST ALLEGING SOLICITATION IMPROPRIETIES WHICH IS FILED AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS.
WELLS MANUFACTURING:
WELLS MANUFACTURING COMPANY (WELLS) PROTESTS A SOLICITATION IMPROPRIETY IN REQUEST FOR PROPOSALS (RFP) NO. FTGG-Z-36350, A SMALL BUSINESS SET- ASIDE, ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA) FOR THE PROCUREMENT OF CONVEYOR TOASTERS. WELLS CONTENDS THAT THE SPECIFICATIONS CONTAINED IN THE RFP WERE RESTRICTIVE IN THAT THE SMALL BUSINESS SET-ASIDE "LIMITS THE COMPETITIVE BIDDING TO ONE COMPANY AND IS NOT IN THE BEST INTEREST OF GOVERNMENT PURCHASING." WELLS SEEKS RESOLICITATION OF THE RFP WITHOUT THE SMALL BUSINESS RESTRICTION.
THIS ALLEGATION RELATES TO AN IMPROPRIETY IN THE RFP. SECTION 20.2(B)(1) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(B)(1) (1978), PROVIDES THAT A PROTEST BASED ON AN ALLEGED IMPROPRIETY IN ANY TYPE OF SOLICITATION, WHICH IS APPARENT PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS MUST BE FILED "PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS." THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS WAS MARCH 27, 1979. THE PROTEST WAS FILED (RECEIVED) IN OUR OFFICE ON APRIL 20, 1979.
CONSEQUENTLY, THE PROTEST IS UNTIMELY FILED AND NOT FOR CONSIDERATION ON THE MERITS. SEE COMPLETE BUILDING MAINTENANCE CO., INC., B-190996, JANUARY 19, 1978, 78-1 CPD 52; UNIVERSAL BUILDING AND MAINTENANCE, INC., B-190996, JANUARY 31, 1978, 78-1 CPD 85.
THE PROTEST IS DISMISSED.