B-181104, MAY 28, 1974

B-181104: May 28, 1974

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WERE KNOWN BY PROTESTER NO LATER THAN APRIL 3. PROTEST IS UNTIMELY UNDER 4 CFR 20.2(A) AS IT WAS RECEIVED BY GAO ON APRIL 19. INC.: INVITATION FOR BIDS (IFB) FPNGG-Y-19517-A-11-6-73 WAS ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA) ON OCTOBER 6. BID OPENING WAS SUBSEQUENTLY HELD ON NOVEMBER 6. WAS THE LONE BIDDER ON ITEMS 19 TO 44 AND 45 TO 67 OF THE IFB. WOLF WAS HIGHLY CONCERNED ABOUT THE LONE ITEM AWARD THAT HAD BEEN INDICATED AND HE THEN PHONED THE BUYER REDUCING PRICES ON ALL ITEMS. THIS QUOTATION WAS CONFIRMED THE SAME DAY. IT IS CLEAR THAT GERMANTOWN WAS AWARE OF ALL THE BASES OF ITS PROTEST NO LATER THAN APRIL 3. UNDER SECTION 20.2(A) OF GAO'S INTERIM BID PROTEST PROCEDURES AND STANDARDS: "*** BID PROTESTS SHALL BE FILED (RECEIVED AT GAO) NOT LATER THAN 5 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN ***." (4 CFR 20.2(A).).

B-181104, MAY 28, 1974

SINCE BASES OF PROTEST AGAINST PARTIAL AWARD MADE IN JANUARY 1974, RESOLICITATION IN FEBRUARY 1974 OF ITEMS NOT AWARDED, AND CONDUCT OF NEGOTIATIONS LEADING TO MULTIPLE AWARDS UNDER RESOLICITATION, WERE KNOWN BY PROTESTER NO LATER THAN APRIL 3, 1974, DATE ON WHICH AGENCY ADVISED PROTESTER OF MULTIPLE AWARDS, PROTEST IS UNTIMELY UNDER 4 CFR 20.2(A) AS IT WAS RECEIVED BY GAO ON APRIL 19, 1974.

TO GERMANTOWN TOOL & MACHINE WORKS, INC.:

INVITATION FOR BIDS (IFB) FPNGG-Y-19517-A-11-6-73 WAS ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA) ON OCTOBER 6, 1973, FOR A REQUIREMENT OF CLOCKS. BID OPENING WAS SUBSEQUENTLY HELD ON NOVEMBER 6, 1973.

GERMANTOWN TOOL & MACHINE WORKS, INC. (GERMANTOWN), WAS THE LONE BIDDER ON ITEMS 19 TO 44 AND 45 TO 67 OF THE IFB. ON JANUARY 11, 1974, GSA AWARDED CONTRACT GS-00S-25988 TO GERMANTOWN FOR ITEMS 45 TO 67 AND TOLD THE COMPANY THAT NO AWARD WOULD BE MADE FOR ITEMS 19 THROUGH 44 BECAUSE OF EXCESSIVE COST.

ABOUT FEBRUARY 14, 1974, GERMANTOWN RECEIVED A COPY OF NEGOTIATED SOLICITATION FPGG-Y-19517NA-2-21-74 FROM GSA. THE SOLICITATION COVERED THE IDENTICAL ITEMS NOT AWARDED UNDER IFB -11-6-73.

ON MARCH 11, 1974, GSA TOLD GERMANTOWN IT WOULD RECEIVE AWARD OF CONTRACT NO. 26774 FOR ITEM 44 ONLY. GERMANTOWN RELATES SUBSEQUENT EVENTS AS FOLLOWS:

"MARCH 15, 1974 - MR. WOLF WAS HIGHLY CONCERNED ABOUT THE LONE ITEM AWARD THAT HAD BEEN INDICATED AND HE THEN PHONED THE BUYER REDUCING PRICES ON ALL ITEMS. THIS QUOTATION WAS CONFIRMED THE SAME DAY.

"APRIL 3, 1974 - THE BUYER CALLED MR. WOLF AND ADDED ITEM 31 TO PREVIOUS AWARD FOR ONE ITEM. THE BUYER INFORMED HIM THAT THE BALANCE OF 24 ITEMS WOULD BE AWARDED TO GENERAL ELECTRIC AT LOWER PRICES. THE BUYER REMARKED SOME DEFINITE QUANTITY BUYS FOR THE SAME FSN'S WOULD SOON BE NEGOTIATED."

THREE OF THE FIVE BASES OF GERMANTOWN'S PROTEST CONCERN GSA'S DECISIONS REGARDING THE INCOMPLETE AWARD UNDER IFB -11-6-73 AND THE ISSUANCE OF SOLICITATION -2-21-74; THE OTHER BASES OF PROTEST CONCERN THE METHODS GSA USED IN NEGOTIATING MULTIPLE AWARDS TO GERMANTOWN AND GENERAL ELECTRIC COMPANY UNDER SOLICITATION -2-21-74.

IT IS CLEAR THAT GERMANTOWN WAS AWARE OF ALL THE BASES OF ITS PROTEST NO LATER THAN APRIL 3, 1974, THE DATE ON WHICH GSA ADVISED GERMANTOWN THAT THE MULTIPLE AWARDS WOULD BE MADE.

UNDER SECTION 20.2(A) OF GAO'S INTERIM BID PROTEST PROCEDURES AND STANDARDS:

"*** BID PROTESTS SHALL BE FILED (RECEIVED AT GAO) NOT LATER THAN 5 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN ***." (4 CFR 20.2(A).)

SINCE GERMANTOWN'S PROTEST WAS NOT RECEIVED AT GAO UNTIL APRIL 19, 1974, SOME 12 DAYS AFTER ALL BASES OF PROTEST WERE KNOWN, IT MUST BE CONSIDERED UNTIMELY.

WE MUST, THEREFORE, DECLINE TO RULE ON THE MERITS OF THE PROTEST.