B-181936, SEP 5, 1974

B-181936: Sep 5, 1974

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PROTEST AGAINST SOLICITATION REQUIREMENT THAT OFFERED ITEMS BE ON HAND AND AVAILABLE FOR SHIPMENT IS UNTIMELY UNDER SECTION 20.2(A) OF GAO'S BID PROTEST PROCEDURES AND STANDARDS BECAUSE PROTESTER DID NOT PROTEST MATTER PRIOR TO BID OPENING. PROTEST AGAINST REQUIREMENT THAT SAMPLES BE SUPPLIED IS ALSO UNTIMELY BECAUSE PROTESTER DID NOT PROTEST WITHIN 5 WORKING DAYS AFTER IT WAS NOTIFIED OF REQUIREMENT. WAS SET AS THE CLOSING DATE FOR RECEIPT OF PROPOSALS UNDER THE SOLICITATION. MOODY EXPLAINED THAT IT WAS PROTESTING THE SOLICITATION'S REQUIREMENT THAT ALL OFFERED ITEMS BE ON HAND AND AVAILABLE FOR SHIPMENT AS UNDULY RESTRICTIVE. MOODY ALSO STATED IT WAS PROTESTING SAAMA'S REQUIREMENT THAT SAMPLES BE FURNISHED WITHIN 15 CALENDAR DAYS OF NOTIFICATION AS ARBITRARY.

B-181936, SEP 5, 1974

PROTEST AGAINST SOLICITATION REQUIREMENT THAT OFFERED ITEMS BE ON HAND AND AVAILABLE FOR SHIPMENT IS UNTIMELY UNDER SECTION 20.2(A) OF GAO'S BID PROTEST PROCEDURES AND STANDARDS BECAUSE PROTESTER DID NOT PROTEST MATTER PRIOR TO BID OPENING. PROTEST AGAINST REQUIREMENT THAT SAMPLES BE SUPPLIED IS ALSO UNTIMELY BECAUSE PROTESTER DID NOT PROTEST WITHIN 5 WORKING DAYS AFTER IT WAS NOTIFIED OF REQUIREMENT.

D. MOODY & COMPANY, INC.:

BY TELEGRAM DATED JULY 30, 1974, D. MOODY & COMPANY, INC. (MOODY), PROTESTED THE REJECTION OF ITS OFFER ON SOLICITATION NO. F41608-75 50319, ISSUED BY THE SAN ANTONIO AIR MATERIEL AREA (SAAMA), DEPARTMENT OF THE AIR FORCE, KELLY AIR FORCE BASE, TEXAS. JUNE 11, 1974, WAS SET AS THE CLOSING DATE FOR RECEIPT OF PROPOSALS UNDER THE SOLICITATION.

BY LETTER DATED AUGUST 8, 1974, MOODY EXPLAINED THAT IT WAS PROTESTING THE SOLICITATION'S REQUIREMENT THAT ALL OFFERED ITEMS BE ON HAND AND AVAILABLE FOR SHIPMENT AS UNDULY RESTRICTIVE, DISCRIMINATORY, AND UNNECESSARILY BURDENSOME. MOODY ALSO STATED IT WAS PROTESTING SAAMA'S REQUIREMENT THAT SAMPLES BE FURNISHED WITHIN 15 CALENDAR DAYS OF NOTIFICATION AS ARBITRARY, UNDULY RESTRICTIVE AND IMPOSSIBLE TO COMPLY WITH.

MOODY STATES THAT IT RECEIVED ON JULY 3, 1974, A NOTICE FROM SAAMA TO SUPPLY WITHIN 15 DAYS FIVE SAMPLES FROM THE TOTAL CONTRACT QUANTITY OF THE ITEMS BEING PROCURED, WHICH MOODY HAD CERTIFIED AS AVAILABLE FOR SHIPMENT. THIS LETTER STATED IN PERTINENT PART:

"SAMPLES MUST BE DELIVERED TO KELLY AFB WITHIN 15 CALENDAR DAYS AFTER ISSUANCE OF THIS NOTIFICATION. FAILURE OF THE OFFEROR TO DELIVER THE SAMPLES WITHIN 15 CALENDAR DAYS WILL BE CAUSE FOR REJECTION OF BID."

MOODY SAYS IT WAS UNABLE TO COMPLY WITH THIS REQUIREMENT BECAUSE ITS SUPPLIER WAS ON VACATION. BY LETTER DATED JULY 25, 1974, MOODY WAS NOTIFIED THAT ITS OFFER HAD BEEN REJECTED SINCE IT HAD FAILED TO TIMELY SUPPLY THE REQUIRED SAMPLES.

SECTION 20.2(A) OF OUR BID PROTEST PROCEDURES AND STANDARDS STATES IN PERTINENT PART:

"PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF PROPOSALS SHALL BE FILED PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF PROPOSALS. IN OTHER CASES, 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."

SINCE MOODY DID NOT PROTEST TO OUR OFFICE, PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS, THE SOLICITATION REQUIREMENT THAT ALL OFFERED ITEMS BE ON HAND AND AVAILABLE FOR SHIPMENT AND ALSO DID NOT PROTEST TO GAO WITHIN 5 WORKING DAYS AFTER IT WAS NOTIFIED OF THE REQUIREMENT THAT IT HAD TO SUPPLY SAMPLES WITHIN 15 CALENDAR DAYS, ITS PROTEST MUST BE CONSIDERED UNTIMELY.

THEREFORE, WE ARE CLOSING OUR FILE IN THE MATTER.