B-181721, AUG 30, 1974

B-181721: Aug 30, 1974

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WHO CONTENDS INFORMATION IN REQUEST FOR PROPOSALS WAS INSUFFICIENT FOR PROPER PROPOSAL FORMULATION. IT ALSO ADVISED THAT IF IN THE FUTURE INTELLIGENT BIDS (OFFERS) FROM PROFESSIONAL AUDITORS WERE DESIRED IT WOULD BE NECESSARY TO PROVIDE MORE INFORMATION. NO PROTEST WAS MADE TO OUR OFFICE. INASMUCH AS THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS SET FOR JUNE 14.

B-181721, AUG 30, 1974

SINCE PROTESTER, WHO CONTENDS INFORMATION IN REQUEST FOR PROPOSALS WAS INSUFFICIENT FOR PROPER PROPOSAL FORMULATION, DID NOT PROTEST SUCH DEFICIENCY PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS, AS REQUIRED BY 4 CFR 20.2(A), ITS PROTEST MUST BE CONSIDERED UNTIMELY AND NOT FOR CONSIDERATION BY GAO.

SALVAT & COMPANY:

BY LETTER OF JUNE 20, 1974, SALVAT & COMPANY ADVISED THE DEPARTMENT OF LABOR, PHILADELPHIA, THAT IT HAD RECEIVED AND REVIEWED REQUEST FOR PROPOSALS NO. PHL-RA03-74-01, ISSUED ON JUNE 1, 1974, AND HAD FOUND THE INFORMATION THEREIN INSUFFICIENT FOR ITS PROPER PREPARATION OF AN INTELLIGENT BID (OFFER). IT ALSO ADVISED THAT IF IN THE FUTURE INTELLIGENT BIDS (OFFERS) FROM PROFESSIONAL AUDITORS WERE DESIRED IT WOULD BE NECESSARY TO PROVIDE MORE INFORMATION. NO PROTEST WAS MADE TO OUR OFFICE, UNTIL WE RECEIVED A COPY OF THE JUNE 20 LETTER ON JULY 5, 1974, FROM A CONGRESSIONAL SOURCE.

SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS (4 CFR 20.2(A)) REQUIRES IN PERTINENT PART THAT PROTESTS MUST BE FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS WHEN THAT PROTEST, AS HERE, CONCERNS MATTER APPARENT BEFORE THE CLOSING DATE. INASMUCH AS THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS SET FOR JUNE 14, 1974, SOME 6 DAYS PRIOR TO THE LETTER OF JUNE 20, WE MUST CONSIDER THE PROTEST UNTIMELY AND NOT FOR CONSIDERATION BY OUR OFFICE. CONSIDERATION BY OUR OFFICE.