B-220859.3, APR 18, 1986, 86-1 CPD 383
Highlights
CONTRACTS - NEGOTIATION - OFFERS OR PROPOSALS - PUBLIC OPENING - NOT REQUIRED DIGEST: UNLIKE SEALED BID PROCUREMENTS WHERE BIDS ARE PUBLICLY OPENED. THERE IS NO PUBLIC OPENING OF OFFERS RECEIVED UNDER A NEGOTIATED PROCUREMENT. PROTESTS THAT PROPOSALS WERE NOT PUBLICLY OPENED UNDER REQUEST FOR PROPOSALS NO. WE DISMISS THE PROTEST WITHOUT OBTAINING AN AGENCY REPORT FROM THE AIR FORCE BECAUSE IT IS CLEAR ON ITS FACE THAT THE PROTEST IS WITHOUT LEGAL MERIT. 4 C.F.R. THIS PROCUREMENT WAS NEGOTIATED. UNLIKE SEALED BID PROCUREMENTS IN WHICH BIDDERS' PRICES ARE EXPOSED AS A RESULT OF THE PUBLIC OPENING OF BIDS. THERE IS NO PUBLIC OPENING OF OFFERS RECEIVED UNDER A NEGOTIATED PROCUREMENT.
B-220859.3, APR 18, 1986, 86-1 CPD 383
CONTRACTS - NEGOTIATION - OFFERS OR PROPOSALS - PUBLIC OPENING - NOT REQUIRED DIGEST: UNLIKE SEALED BID PROCUREMENTS WHERE BIDS ARE PUBLICLY OPENED, THERE IS NO PUBLIC OPENING OF OFFERS RECEIVED UNDER A NEGOTIATED PROCUREMENT.
THE BIG PICTURE COMPANY, INC.:
THE BIG PICTURE COMPANY, INC. PROTESTS THAT PROPOSALS WERE NOT PUBLICLY OPENED UNDER REQUEST FOR PROPOSALS NO. F41800-86-RA520, ISSUED BY THE DEPARTMENT OF THE AIR FORCE, SAN ANTONIO CONTRACTING CENTER (AIR FORCE), FOR PROCUREMENT OF AUDIOVISUAL SERVICES.
WE DISMISS THE PROTEST WITHOUT OBTAINING AN AGENCY REPORT FROM THE AIR FORCE BECAUSE IT IS CLEAR ON ITS FACE THAT THE PROTEST IS WITHOUT LEGAL MERIT. 4 C.F.R. SEC. 21.3(F) (1985).
THIS PROCUREMENT WAS NEGOTIATED. UNLIKE SEALED BID PROCUREMENTS IN WHICH BIDDERS' PRICES ARE EXPOSED AS A RESULT OF THE PUBLIC OPENING OF BIDS, THERE IS NO PUBLIC OPENING OF OFFERS RECEIVED UNDER A NEGOTIATED PROCUREMENT. AMERICAN INTERNATIONAL RENT-A-CAR ET AL., B-214016 ET AL., FEB. 28, 1984, 84-1 CPD PARA. 252. THE FEDERAL ACQUISITION REGULATION (FAR) SPECIFICALLY PROHIBITS DISCLOSURE TO THE GENERAL PUBLIC OF PROPOSAL INFORMATION BEFORE AWARD. SEE FAR, 48 C.F.R. SEC. 15.413 (1984).