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B-181259, MAY 29, 1974

B-181259 May 29, 1974
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IS UNTIMELY UNDER 4 CFR 20.2(A) AS IT WAS NOT RECEIVED BY GAO PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS. PROTESTS THAT CERTAIN SPECIFICATIONS IN THE RFP WERE DEFICIENT. SYSTEMS ALSO ASSERTS THAT IT WAS FORCED TO ADJUST ITS OFFER IN RESPONSE TO THE ALLEGED DEFICIENCIES. SUCH ALLEGATIONS SUPPORT THE CONCLUSION THAT THE DEFICIENCIES WERE APPARENT IN THE SOLICITATION PRIOR TO THE CLOSING DATE SET FOR RECEIPT OF FINAL OFFERS. UNDER SECTION 20.2(A) OF OUR BID PROTEST PROCEDURES AND STANDARDS: "*** PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS SHALL BE FILED (RECEIVED AT GAO) PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS. ***" SINCE WE DID NOT RECEIVE SYSTEMS' PROTEST UNTIL MAY 16.

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B-181259, MAY 29, 1974

PROTEST ALLEGING THAT SOLICITATION CONTAINED DEFECTIVE PROVISIONS APPARENT IN SOLICITATION PRIOR TO CLOSING DATE SET FOR RECEIPT OF PROPOSALS, IS UNTIMELY UNDER 4 CFR 20.2(A) AS IT WAS NOT RECEIVED BY GAO PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS.

TO SYSTEMS CONTROL INC.:

RFP CG-41-127-A, ISSUED BY THE COAST GUARD, REQUIRED OFFERORS TO SUBMIT FINAL PROPOSALS FOR THE ITEM SOUGHT BY MAY 2, 1974.

SYSTEMS CONTROL INC. (SYSTEMS), AN OFFEROR FOR THE ITEM, BY TELEFAX OF MAY 15, 1974, RECEIVED AT GAO ON MAY 16, 1974, PROTESTS THAT CERTAIN SPECIFICATIONS IN THE RFP WERE DEFICIENT, INADEQUATE, OR AMBIGUOUS.

SYSTEMS ALSO ASSERTS THAT IT WAS FORCED TO ADJUST ITS OFFER IN RESPONSE TO THE ALLEGED DEFICIENCIES. SUCH ALLEGATIONS SUPPORT THE CONCLUSION THAT THE DEFICIENCIES WERE APPARENT IN THE SOLICITATION PRIOR TO THE CLOSING DATE SET FOR RECEIPT OF FINAL OFFERS.

UNDER SECTION 20.2(A) OF OUR BID PROTEST PROCEDURES AND STANDARDS:

"*** PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS SHALL BE FILED (RECEIVED AT GAO) PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS. ***"

SINCE WE DID NOT RECEIVE SYSTEMS' PROTEST UNTIL MAY 16, 1974, SOME 10 DAYS AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS, ITS PROTEST MUST BE CONSIDERED UNTIMELY.

CONSEQUENTLY, WE MUST DECLINE TO RULE ON THE MERITS OF THE PROTEST.

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