B-180924, MAY 7, 1974

B-180924: May 7, 1974

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PROTEST FILED IN GAO MORE THAN MONTH AFTER NOTICE OF AWARD WAS SENT TO UNSUCCESSFUL OFFERORS. ALLEGING POSSIBLE UNFAIR COMPETITION BY LOW OFFEROR AS RESULT OF RELATIONSHIP TO DIRECTED SOURCES IN RFP APPEARS TO BE UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS AND WILL NOT BE CONSIDERED. GC CONTENDS THAT MARSHALL'S TOTAL AWARD PRICE WAS THE EQUIVALENT OF GC'S MATERIAL PRICES IN ITS OFFER. THAT MARSHALL IS A DISTRIBUTOR FOR TWO OF THE DIRECTED SOURCES. WE HAVE BEEN INFORMED BY THE AIR FORCE THAT AWARD WAS MADE TO MARSHALL ON FEBRUARY 27. THAT NOTICE OF AWARD WAS MAILED TO THE UNSUCCESSFUL OFFERORS ON THE SAME DATE. THE PROTEST WAS FILED IN OUR OFFICE MORE THAN A MONTH AFTER A NOTICE OF AWARD WAS SENT.

B-180924, MAY 7, 1974

PROTEST FILED IN GAO MORE THAN MONTH AFTER NOTICE OF AWARD WAS SENT TO UNSUCCESSFUL OFFERORS, ALLEGING POSSIBLE UNFAIR COMPETITION BY LOW OFFEROR AS RESULT OF RELATIONSHIP TO DIRECTED SOURCES IN RFP APPEARS TO BE UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS AND WILL NOT BE CONSIDERED.

TO G. C. INDUSTRIES, INC.:

BY LETTER DATED APRIL 3, 1974, G. C. INDUSTRIES, INC. (GC), PROTESTED TO OUR OFFICE AGAINST THE AWARD OF A CONTRACT TO G. S. MARSHALL COMPANY (MARSHALL), PURSUANT TO REQUEST FOR PROPOSALS (RFP) F42600-74-R-6802, ISSUED BY THE OGDEN AIR MATERIEL AREA, DEPARTMENT OF THE AIR FORCE.

THE ESSENTIAL ITEMS OF MATERIAL TO BE FURNISHED BY THE OFFERORS HAD TO BE PROCURED FROM DIRECTED SOURCES IDENTIFIED IN THE RFP. GC CONTENDS THAT MARSHALL'S TOTAL AWARD PRICE WAS THE EQUIVALENT OF GC'S MATERIAL PRICES IN ITS OFFER, FOR WHICH IT SUPPLIED THE PRICES QUOTED FROM THE DIRECTED SOURCES, AND THAT MARSHALL IS A DISTRIBUTOR FOR TWO OF THE DIRECTED SOURCES. GC BELIEVES THAT THE POSSIBILITY OF UNFAIR COMPETITION EXISTS IN THE PROCUREMENT BECAUSE OF THE DISTRIBUTOR SUPPLIER RELATIONSHIP BETWEEN MARSHALL AND THE DIRECTED SOURCES.

WE HAVE BEEN INFORMED BY THE AIR FORCE THAT AWARD WAS MADE TO MARSHALL ON FEBRUARY 27, 1974, AND THAT NOTICE OF AWARD WAS MAILED TO THE UNSUCCESSFUL OFFERORS ON THE SAME DATE. THEREFORE, THE PROTEST WAS FILED IN OUR OFFICE MORE THAN A MONTH AFTER A NOTICE OF AWARD WAS SENT. IN THE CIRCUMSTANCES, THE PROTEST APPEARS TO BE UNTIMELY UNDER SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS, 4 CFR 20.2(A), AND WILL NOT BE CONSIDERED.