B-174103(2), NOV 18, 1971

B-174103(2): Nov 18, 1971

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INCORPORATED AGAINST THE AWARD OF A CONTRACT TO ANOTHER FIRM BE ADVISED THAT FUTURE QUESTIONS OR PROTESTS CONCERNING THE REQUIREMENTS OF SPECIFICATIONS SHOULD BE FILED AND RESOLVED PRIOR TO BID OPENING WHENEVER POSSIBLE IN ORDER TO PERMIT AN EFFECTIVE REMEDY SHOULD THE PROTEST HAVE MERIT. SECRETARY: REFERENCE IS MADE TO THE LETTER OF SEPTEMBER 23. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO SHA- NEVA ON THE MATTER. SHA-NEVA WAS INSTRUCTED BY FOREST SERVICE OFFICIALS TO SUBMIT ITS WRITTEN PROTEST AFTER BID OPENING. IF IT IS FOUND THAT THE PROTEST HAS MERIT. IT BECOMES DIFFICULT TO GIVE AN EFFECTIVE REMEDY ESPECIALLY IN ADVERTISED PROCUREMENTS SINCE THE SOLICITATION WOULD HAVE TO BE CANCELLED AFTER BID PRICES ARE REVEALED.

B-174103(2), NOV 18, 1971

BID PROTEST - SPECIFICATION REQUIREMENTS - TIME FOR PROTEST CONCERNING PROTEST BY SHA-NEVA, INCORPORATED AGAINST THE AWARD OF A CONTRACT TO ANOTHER FIRM BE ADVISED THAT FUTURE QUESTIONS OR PROTESTS CONCERNING THE REQUIREMENTS OF SPECIFICATIONS SHOULD BE FILED AND RESOLVED PRIOR TO BID OPENING WHENEVER POSSIBLE IN ORDER TO PERMIT AN EFFECTIVE REMEDY SHOULD THE PROTEST HAVE MERIT.

TO MR. SECRETARY:

REFERENCE IS MADE TO THE LETTER OF SEPTEMBER 23, 1971, FROM THE ACTING DIRECTOR, OFFICE OF PLANT AND OPERATIONS, WITH ATTACHMENTS, CONCERNING THE PROTEST BY SHA-NEVA, INCORPORATED, AGAINST THE AWARD OF A CONTRACT TO ANOTHER CONCERN UNDER INVITATION FOR BIDS NO. R5 17-72 1, ISSUED BY THE UNITED STATES FOREST SERVICE. SHA-NEVA HAS ALSO COMPLAINED THAT THE ITEMS BEING FURNISHED UNDER THE CONTRACT AWARDED DO NOT MEET THE REQUIREMENTS OF THE SPECIFICATIONS. ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO SHA- NEVA ON THE MATTER.

THE RECORD INDICATES THAT IN ANSWER TO AN INQUIRY REGARDING PROCEDURES FOR PROTESTING AGAINST A SPECIFICATION REQUIREMENT, SHA-NEVA WAS INSTRUCTED BY FOREST SERVICE OFFICIALS TO SUBMIT ITS WRITTEN PROTEST AFTER BID OPENING. UNDER SUCH A PROCEDURE, IF IT IS FOUND THAT THE PROTEST HAS MERIT, IT BECOMES DIFFICULT TO GIVE AN EFFECTIVE REMEDY ESPECIALLY IN ADVERTISED PROCUREMENTS SINCE THE SOLICITATION WOULD HAVE TO BE CANCELLED AFTER BID PRICES ARE REVEALED. THEREFORE, FUTURE QUESTIONS OR PROTESTS CONCERNING THE REQUIREMENTS OF THE SPECIFICATIONS SHOULD BE FILED AND RESOLVED PRIOR TO BID OPENING WHENEVER POSSIBLE.