B-173540(1), MAR 20, 1972

B-173540(1): Mar 20, 1972

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REQUIRE THAT LATE MODIFICATIONS BE EVALUATED BUT NOT CONSIDERED FOR AWARD UNLESS THE LATENESS IS EXCUSABLE UNDER ASPR 2-303 OR A SECRETARIAL DETERMINATION IS MADE THAT THE REVISION IS OF EXTREME IMPORTANCE TO THE GOVERNMENT. THE PROTEST MUST BE DENIED SINCE THE CSC REVISIONS WERE EVALUATED IN ACCORDANCE WITH ASPR 3-506(D) CRITERIA AND THEREFORE. THE CONTRACTING OFFICER'S DETERMINATION IS NOT SUBJECT TO QUESTION. TO COMPUTER SCIENCES CORPORATION: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5. PROTESTING AGAINST THE PROCEDURES WHICH WERE UTILIZED IN CONNECTION WITH THE AWARD OF A CONTRACT UNDER REQUEST FOR QUOTATIONS FO4701-71-Q-0167. THE CONTRACTING OFFICER ADVISED CSC THAT THE PROCUREMENT ACTIVITY'S REQUEST FOR A TIME EXTENSION WAS NOT AN INVITATION TO REVISE PROPOSALS AND THAT CSC'S PROPOSAL REVISION COULD NOT BE ACCEPTED.

B-173540(1), MAR 20, 1972

BID PROTEST - TIME EXTENSION - LATE MODIFICATION DECISION DENYING PROTEST OF COMPUTER SCIENCES CORPORATION (CSC) AGAINST PROCEDURES UTILIZED IN CONNECTION WITH THE AWARD OF A CONTRACT UNDER AN RFQ ISSUED BY THE SPACE AND MISSILE SYSTEMS ORGANIZATION, DEPARTMENT OF THE AIR FORCE. THE PROVISIONS OF PARAGRAPHS 3-506(D) AND (G), ASPR, REQUIRE THAT LATE MODIFICATIONS BE EVALUATED BUT NOT CONSIDERED FOR AWARD UNLESS THE LATENESS IS EXCUSABLE UNDER ASPR 2-303 OR A SECRETARIAL DETERMINATION IS MADE THAT THE REVISION IS OF EXTREME IMPORTANCE TO THE GOVERNMENT. IN THE INSTANT CASE, THE PROTEST MUST BE DENIED SINCE THE CSC REVISIONS WERE EVALUATED IN ACCORDANCE WITH ASPR 3-506(D) CRITERIA AND THEREFORE, THE CONTRACTING OFFICER'S DETERMINATION IS NOT SUBJECT TO QUESTION.

TO COMPUTER SCIENCES CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5, 1972, AND PRIOR CORRESPONDENCE, PROTESTING AGAINST THE PROCEDURES WHICH WERE UTILIZED IN CONNECTION WITH THE AWARD OF A CONTRACT UNDER REQUEST FOR QUOTATIONS FO4701-71-Q-0167, ISSUED BY THE SPACE AND MISSILE SYSTEMS ORGANIZATION, DEPARTMENT OF THE AIR FORCE.

SHORTLY AFTER NEGOTIATIONS HAD BEEN CLOSED, THE PROCUREMENT ACTIVITY NOTIFIED YOUR FIRM (CSC) THAT A PROTEST HAD BEEN FILED BY A COMPETITOR WITH OUR OFFICE AND REQUESTED A 30-DAY EXTENSION OF THE TIME IN WHICH CSC WOULD BE WILLING TO ACCEPT AWARD. IN ADDITION TO GRANTING THE REQUESTED TIME EXTENSION, CSC ALSO SUBMITTED REVISIONS TO ITS ORIGINAL PROPOSAL. RESPONSE, THE CONTRACTING OFFICER ADVISED CSC THAT THE PROCUREMENT ACTIVITY'S REQUEST FOR A TIME EXTENSION WAS NOT AN INVITATION TO REVISE PROPOSALS AND THAT CSC'S PROPOSAL REVISION COULD NOT BE ACCEPTED. CSC MAINTAINS, FOR A VARIETY OF REASONS, THAT ITS REVISED PROPOSAL SHOULD HAVE BEEN CONSIDERED.

UPON REVIEW OF THE RECORD BEFORE US, WE AGREE WITH THE CONTRACTING OFFICER THAT THE REQUEST TO CSC FOR TIME EXTENSION, BY ITS VERY LANGUAGE, DID NOT SOLICIT PROPOSAL REVISIONS. THE REQUEST FOR EXTENSION READ:

"1. A PROTEST OF AWARD HAS BEEN FILED WITH THIS OFFICE PRIOR TO THE AWARD OF THE CONTRACT. IN THE EVENT THAT YOUR PROPOSAL MAY BE CONSIDERED ELIGIBLE FOR AWARD, PLEASE ADVISE WHETHER YOU CAN EXTEND THE PERIOD OF ACCEPTANCE AN ADDITIONAL THIRTY DAYS.

"2. INDICATE THE LATEST DATE YOU COULD BE ADVISED OF AWARD AND BE RESPONSIVE TO AN EFFECTIVE START DATE OF 1 AUGUST 1971.

"3. WRITTEN REPLY /LETTER OR TWX/ MUST BE IN THIS OFFICE NOT LATER THAN 15 JULY 1971.

"4. NO FURTHER INFORMATION REGARDING THIS PROCUREMENT WILL BE MADE AVAILABLE UNTIL THE PROTEST IS RESOLVED. AT THAT TIME YOU WILL BE ADVISED OF THE OUTCOME."

WHETHER THIS REQUEST PERMITTED THE SUBMISSION OF REVISED PROPOSALS IS ACADEMIC SINCE OFFERORS ALWAYS HAVE THE RIGHT TO MAKE SUCH A SUBMISSION IN ANY CASE. IN THIS CONNECTION, PARAGRAPHS 3-506(D) AND (G) OF THE ARMED SERVICES PROCUREMENT REGULATION (ASPR) REQUIRE THAT LATE MODIFICATIONS BE EVALUATED BUT NOT CONSIDERED FOR AWARD UNLESS THE LATENESS IS EXCUSABLE UNDER ASPR 2-303 OR A SECRETARIAL DETERMINATION IS MADE THAT THE REVISION IS OF EXTREME IMPORTANCE TO THE GOVERNMENT.

WE DO NOT UNDERSTAND THAT THE CSC LATE REVISIONS WERE CONSIDERED IN A MANNER OTHER THAN THAT COMPORTING WITH THE ABOVE ASPR REQUIREMENTS. THE ADMINISTRATIVE FILE ON THE PROTEST CLEARLY INDICATES THAT THE CSC REVISIONS WERE EVALUATED IN ACCORDANCE WITH ASPR 3-506(D) CRITERIA AND FOUND NOT TO BE ACCEPTABLE. THAT DETERMINATION IS CLEARLY WITHIN THE RESPONSIBILITIES ASSIGNED THE CONTRACTING OFFICER AND IS NOT, UNDER THE FACTS OF THIS CASE, SUBJECT TO QUESTION BY OUR OFFICE.

WE CONCLUDE, THEREFORE, THAT NO BASIS EXISTS TO QUESTION THE ADMINISTRATIVE ACTIONS TAKEN WITH RESPECT TO CSC REVISIONS. ACCORDINGLY, THE PROTEST IS DENIED.

A COPY OF OUR DECISION OF TODAY TO THE FEDERAL ELECTRIC CORPORATION DENYING ITS PROTEST UNDER THE CITED REQUEST FOR QUOTATIONS IS ENCLOSED.