B-181325, JUN 11, 1974

B-181325: Jun 11, 1974

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NOTIFICATION TO OFFEROR BY PROCUREMENT ACTIVITY THAT AWARD WAS MADE TO HIGHER-PRICED OFFEROR WAS ADVICE ADVERSE TO ITS INTERESTS SO THAT PROTEST TO GAO ABOUT 4 WEEKS LATER IS UNTIMELY AND NOT FOR CONSIDERATION UNDER GAO PROTEST STANDARDS. DAAK03-74-R-0041 WAS ISSUED BY THE UNITED STATES ARMY NADICK LABORATORIES FOR THE DESIGN. SOLICITATIONS WERE SENT TO 32 PROSPECTIVE CONTRACTORS AND 5 PROPOSALS WERE RECEIVED IN RESPONSE. AWARD WAS MADE TO YORK INDUSTRIES IN THE AMOUNT OF $41. THIS LETTER WAS RECEIVED BY HEINZ ON APRIL 22. HEINZ PROTESTED THE AWARD MADE TO YORK PRIMARILY BECAUSE IT WAS A LOWER-PRICED. SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS PROVIDES THAT "*** BID PROTESTS SHALL BE FILED NOT LATER THAN 5 (WORKING) DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN.

B-181325, JUN 11, 1974

NOTIFICATION TO OFFEROR BY PROCUREMENT ACTIVITY THAT AWARD WAS MADE TO HIGHER-PRICED OFFEROR WAS ADVICE ADVERSE TO ITS INTERESTS SO THAT PROTEST TO GAO ABOUT 4 WEEKS LATER IS UNTIMELY AND NOT FOR CONSIDERATION UNDER GAO PROTEST STANDARDS.

TO J. F. HEINZ, INC.:

REQUEST FOR PROPOSALS (RFP) NO. DAAK03-74-R-0041 WAS ISSUED BY THE UNITED STATES ARMY NADICK LABORATORIES FOR THE DESIGN, FABRICATION, TESTING AND DELIVERY OF A WASTE DISPOSAL UNIT. SOLICITATIONS WERE SENT TO 32 PROSPECTIVE CONTRACTORS AND 5 PROPOSALS WERE RECEIVED IN RESPONSE. AWARD WAS MADE TO YORK INDUSTRIES IN THE AMOUNT OF $41,951.

BY LETTER DATED APRIL 18, 1974, THE PROCURING ACTIVITY NOTIFIED J. F. HEINZ, INC., OF THE AWARD TO YORK AND THE CONTRACT PRICE. THIS LETTER WAS RECEIVED BY HEINZ ON APRIL 22, 1974, AS EVIDENCED BY ITS DATE STAMP, AND CONSTITUTED NOTICE OF AGENCY ACTION ADVERSE TO ITS INTERESTS AS A PRESUMABLY LOW OFFEROR.

BY LETTER DATED MAY 20, 1974, TO OUR OFFICE, HEINZ PROTESTED THE AWARD MADE TO YORK PRIMARILY BECAUSE IT WAS A LOWER-PRICED, BETTER QUALIFIED OFFEROR.

SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS PROVIDES THAT "*** BID PROTESTS SHALL BE FILED NOT LATER THAN 5 (WORKING) DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. ***" THESE TIME LIMITS ARE INTENDED TO PROVIDE AN EFFECTIVE AND EQUITABLE PROCESSING PROCEDURE AND MUST, THEREFORE, BE OBSERVED.

ALTHOUGH THE BASIS FOR PROTEST WAS KNOWN ON APRIL 22 - THE DATE OF THE RECEIPT OF THE LETTER FROM THE PROCURING ACTIVITY - HEINZ' PROTEST WAS NOT FILED WITH OUR OFFICE UNTIL APPROXIMATELY 4 WEEKS THEREAFTER. UNDER THESE CIRCUMSTANCES, HEINZ' PROTEST WAS UNTIMELY FILED AND MAY NOT BE CONSIDERED ON ITS MERITS.