B-181945, AUG 20, 1974

B-181945: Aug 20, 1974

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

12 WORKING DAYS AFTER NOTICE OF AWARD WAS RECEIVED. THAT AWARD FOR SINGLE ITEM WAS MADE AT UNCONSCIONABLY HIGH PRICE AND THAT PROTESTER'S LOWER PRICE SHOULD HAVE BEEN ACCEPTED NOTWITHSTANDING RFP CLAUSE REQUIRING THAT AWARD BE MADE ON THE BASIS OF LOWEST BID FOR TWO ITEMS. IS UNTIMELY SINCE SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS REQUIRES PROTEST TO BE FILED NOT LATER THAN FIVE WORKING DAYS AFTER BASIS FOR PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN. AWARD WAS MADE AT A PRICE OF $50 PER WIG. WAS NOTIFIED THAT ITS PROPOSAL FOR WIGS AT $18.70 PER UNIT COULD NOT BE ACCEPTED SINCE THE SOLICITATION REQUIRED THAT ITEM SIX (HATS) AND ITEM EIGHT (WIGS) BE AWARDED TO THE SAME CONTRACTOR.

B-181945, AUG 20, 1974

PROTEST, 12 WORKING DAYS AFTER NOTICE OF AWARD WAS RECEIVED, THAT AWARD FOR SINGLE ITEM WAS MADE AT UNCONSCIONABLY HIGH PRICE AND THAT PROTESTER'S LOWER PRICE SHOULD HAVE BEEN ACCEPTED NOTWITHSTANDING RFP CLAUSE REQUIRING THAT AWARD BE MADE ON THE BASIS OF LOWEST BID FOR TWO ITEMS, IS UNTIMELY SINCE SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS REQUIRES PROTEST TO BE FILED NOT LATER THAN FIVE WORKING DAYS AFTER BASIS FOR PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN.

MEYER JACOBY & SON, INCORPORATED:

REQUEST FOR PROPOSALS (RFP) NO. DABT27-74-R-0049, ISSUED BY THE ARMY TRAINING CENTER, FORT POLK, LOUISIANA, SOLICITED PROPOSALS FOR, AMONG OTHER THINGS, HATS AND WIGS.

ON JUNE 27, 1974, AWARD WAS MADE AT A PRICE OF $50 PER WIG. AFTER AWARD, MEYER JACOBY & SON, INCORPORATED (JACOBY), WAS NOTIFIED THAT ITS PROPOSAL FOR WIGS AT $18.70 PER UNIT COULD NOT BE ACCEPTED SINCE THE SOLICITATION REQUIRED THAT ITEM SIX (HATS) AND ITEM EIGHT (WIGS) BE AWARDED TO THE SAME CONTRACTOR. AFTER RECEIPT OF THE NOTICE, JACOBY SENT A PROTEST BY LETTER DATED JULY 26, 1974, WHICH WAS RECEIVED IN OUR OFFICE ON AUGUST 1, 1974. JACOBY CONTENDS THAT THE AWARD SHOULD NOT HAVE BEEN MADE BECAUSE THE QUOTED PRICE WAS UNCONSCIONABLY HIGH AND THAT A LOWER UNIT PRICE COULD BE OBTAINED BY ACCEPTING JACOBY'S OFFER FOR WIGS.

THE CONTENTION THAT THE CONTRACT PRICE FOR WIGS IS UNCONSCIONABLY HIGH IS UNTIMELY AND NOT FOR CONSIDERATION. IN THIS REGARD, SECTION 20.2(A) OF THE INTERIM BID PROTEST PROCEDURES AND STANDARDS (4 CFR 20.2(A)) REQUIRES THE PROTEST TO BE FILED NO LATER THAN FIVE WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. ALTHOUGH JACOBY HAD NOTICE ON JULY 16, 1974, OF THE AWARD PRICE, THE PROTEST AGAINST AWARD WAS NOT MADE KNOWN UNTIL THE LETTER OF JULY 26, 1974, WAS RECEIVED HERE ON AUGUST 1, 1974, WHICH WAS 12 WORKING DAYS AFTER THE NOTICE OF AWARD WAS RECEIVED BY JACOBY.

ACCORDINGLY, THE PROTEST MUST BE DISMISSED AS UNTIMELY.