B-181492, AUG 13, 1974

B-181492: Aug 13, 1974

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PROTESTING REJECTION OF AN OFFER AS TECHNICALLY UNACCEPTABLE WAS UNTIMELY UNDER 20.2(A) OF BID PROTEST PROCEDURES AND STANDARDS WHERE RECORD SHOWS THAT NOTIFICATION OF ADVERSE AGENCY ACTION (DEBRIEFING) OCCURRED ON MAY 16. NEGOTIATIONS WITH ACCEPTABLE OFFERORS WERE CONDUCTED BY TELEPHONE ON MARCH 11. BERGEN WAS ADVISED THAT ITS PROJECTOR AND POWER SUPPLY LOCATIONS WERE UNACCEPTABLE. THE NAVAL REGIONAL PROCUREMENT OFFICE CONFIRMED THE PREVIOUS TELEPHONIC NEGOTIATIONS AND ADVISED THAT "BEST AND FINAL" OFFERS WERE DUE BY MARCH 25. AWARD WAS MADE TO FRASER-VOLPE CORP. THAT BERGEN WAS SATISFIED WITH THE DETERMINATION THAT ITS PROPOSAL WAS TECHNICALLY UNACCEPTABLE. THE PROTEST IS UNTIMELY UNDER SECTION 20.2(A) OF THE GENERAL ACCOUNTING OFFICE BID PROTEST PROCEDURES AND STANDARDS WHICH PROVIDE THAT (1) BID PROTESTS SHALL BE FILED NOT LATER THAN 5 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN.

B-181492, AUG 13, 1974

TELEFAX TO GAO FILED ON JUNE 12, 1974, PROTESTING REJECTION OF AN OFFER AS TECHNICALLY UNACCEPTABLE WAS UNTIMELY UNDER 20.2(A) OF BID PROTEST PROCEDURES AND STANDARDS WHERE RECORD SHOWS THAT NOTIFICATION OF ADVERSE AGENCY ACTION (DEBRIEFING) OCCURRED ON MAY 16, 1974.

BERGEN EXPO SYSTEMS, INC.:

BY TELEFAX DATED JUNE 12, 1974, BERGEN EXPO SYSTEMS, INC. (BERGEN), FILED A PROTEST CONCERNING REQUEST FOR PROPOSALS (RFP) N00600-74-R 5297, ISSUED BY THE NAVAL REGIONAL PROCUREMENT OFFICE, WASHINGTON D.C. BERGEN CONTENDS THAT IT SUBMITTED THE LOWEST PRICED AND TECHNICALLY ACCEPTABLE OFFER.

THE RFP, ISSUED ON JANUARY 10, 1974, REQUIRED THE SUBMISSION OF TECHNICAL PROPOSALS BY FEBRUARY 11, 1974. NEGOTIATIONS WITH ACCEPTABLE OFFERORS WERE CONDUCTED BY TELEPHONE ON MARCH 11, 1974. DURING THESE NEGOTIATIONS, BERGEN WAS ADVISED THAT ITS PROJECTOR AND POWER SUPPLY LOCATIONS WERE UNACCEPTABLE. BY LETTER DATED MARCH 12, 1974, THE NAVAL REGIONAL PROCUREMENT OFFICE CONFIRMED THE PREVIOUS TELEPHONIC NEGOTIATIONS AND ADVISED THAT "BEST AND FINAL" OFFERS WERE DUE BY MARCH 25, 1974.

THEREAFTER, AWARD WAS MADE TO FRASER-VOLPE CORP. ON APRIL 21, 1974.

THE CONTRACTING OFFICER REPORTS THAT MR. SANDIN OF BERGEN ATTENDED A DEBREIFING CONFERENCE HELD ON MAY 16, 1974, AT THE NAVAL REGIONAL PROCUREMENT OFFICE IN WASHINGTON, AND THAT BERGEN WAS SATISFIED WITH THE DETERMINATION THAT ITS PROPOSAL WAS TECHNICALLY UNACCEPTABLE. SUBSEQUENTLY, BERGEN FILED ITS PROTEST HERE ON JUNE 12, 1974. UNDER THESE CIRCUMSTANCES, THE PROTEST IS UNTIMELY UNDER SECTION 20.2(A) OF THE GENERAL ACCOUNTING OFFICE BID PROTEST PROCEDURES AND STANDARDS WHICH PROVIDE THAT (1) BID PROTESTS SHALL BE FILED NOT LATER THAN 5 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER, AND (2) IF FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST OUR OFFICE FILED WITHIN 5 WORKING DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED PROVIDED THE INITIAL PROTEST TO THE AGENCY WAS TIMELY.

BERGEN WAS NOTIFIED BY THE AGENDY ON MAY 16, 1974, THAT ITS PROPOSAL WAS TECHNICALLY UNACCEPTABLE. SINCE THE PROTEST OF JUNE 12 WAS NOT FILED IN OUR OFFICE WITHIN THE REQUIRED TIME PERIOD, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED.