B-174122(2), FEB 25, 1972

B-174122(2): Feb 25, 1972

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WHILE THE DISTRICT'S ACTIONS WERE LEGALLY PROPER. ALLOWANCE OF THE EXTENSION REQUEST WOULD HAVE RESULTED IN AN AWARD BASED UPON COMPETITIVE PROPOSALS IN LESS TIME THAN WAS REQUIRED UNDER THE CIRCUMSTANCES RESULTING FROM THE PROTEST ACTION. SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF TORRAX SYSTEMS. THIS PROTEST WAS THE SUBJECT OF A REPORT FROM THE GENERAL COUNSEL. THAT ADDITIONAL TIME TO SUBMIT PROPOSALS COULD HAVE BEEN GRANTED. WOULD HAVE RESULTED IN AN AWARD BASED UPON COMPETITIVE PROPOSALS IN LESS TIME THAN WAS REQUIRED UNDER THE CIRCUMSTANCES RESULTING FROM THE PROTEST ACTION. DRAWINGS AND SPECIFICATIONS FORWARDED WITH THE REPORT FROM THE CHIEF OF ENGINEERS ARE RETURNED.

B-174122(2), FEB 25, 1972

BID PROTEST - EXTENSION OF PROPOSAL CLOSING DATES CONCERNING A DECISION DENYING THE PROTEST OF TORRAX SYSTEMS, INC., UNDER AN RFP ISSUED BY THE BALTIMORE DISTRICT, CORPS OF ENGINEERS. WHILE THE DISTRICT'S ACTIONS WERE LEGALLY PROPER, ALLOWANCE OF THE EXTENSION REQUEST WOULD HAVE RESULTED IN AN AWARD BASED UPON COMPETITIVE PROPOSALS IN LESS TIME THAN WAS REQUIRED UNDER THE CIRCUMSTANCES RESULTING FROM THE PROTEST ACTION. ACCORDINGLY, IT WOULD SEEM ADVISABLE FOR PROCURING ACTIVITIES TO GRANT REASONABLE REQUESTS FOR EXTENSIONS IN PROPOSAL CLOSING DATES UNLESS CIRCUMSTANCES MAKE IT IMPRACTICABLE TO DO SO.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST OF TORRAX SYSTEMS, INC., UNDER RFP DACA31-72-R-0013, ISSUED BY THE BALTIMORE DISTRICT, U.S. ARMY CORPS OF ENGINEERS. THIS PROTEST WAS THE SUBJECT OF A REPORT FROM THE GENERAL COUNSEL, OFFICE OF THE CHIEF OF ENGINEERS, ON OCTOBER 22, 1971, WITH SUPPLEMENTAL INFORMATION FURNISHED INFORMALLY AND BY CONFERENCES.

WHILE WE FIND THE ACTIONS OF THE DISTRICT IN PROCESSING AND AWARDING THE RESULTING CONTRACT TO BE LEGALLY PROPER IT DOES APPEAR, IN RETROSPECT, THAT ADDITIONAL TIME TO SUBMIT PROPOSALS COULD HAVE BEEN GRANTED, AND WOULD HAVE RESULTED IN AN AWARD BASED UPON COMPETITIVE PROPOSALS IN LESS TIME THAN WAS REQUIRED UNDER THE CIRCUMSTANCES RESULTING FROM THE PROTEST ACTION. IN VIEW THEREOF, YOU MAY WISH TO ENCOURAGE YOUR VARIOUS PROCURING ACTIVITIES TO GRANT ANY REASONABLE REQUESTS FOR EXTENSIONS IN PROPOSAL CLOSING DATES UNLESS THE CIRCUMSTANCES CLEARLY MAKE IT IMPRACTICABLE TO DO SO.

THE FILES, DRAWINGS AND SPECIFICATIONS FORWARDED WITH THE REPORT FROM THE CHIEF OF ENGINEERS ARE RETURNED.