B-181982, SEP 4, 1974

B-181982: Sep 4, 1974

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THAT RFP DID NOT PERMIT SUFFICIENT TIME FOR OFFERORS TO PREPARE PROPOSALS AND THAT RFP EVALUATION CRITERIA WERE NOT CLEAR AND EXACT RELATES TO DEFECTS WHICH WERE APPARENT IN RFP PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS AND IS UNTIMELY UNDER 4 CFR 20.2(A). UNICARE CLAIMS THAT THE RFP DID NOT PERMIT SUFFICIENT TIME FOR OFFERORS TO PREPARE PROPOSALS FOR THE SERVICES AND THAT THE RFP CRITERIA FOR EVALUATION OF PROPOSALS WERE NOT CLEAR AND EXACT. BOTH COMPLAINTS RELATE TO DEFECTS WHICH WERE APPARENT IN THE RFP PRIOR TO THE CLOSING DATE SET FOR RECEIPT OF PROPOSALS. UNDER SECTION 20.2(A) OF THE GAO INTERIM BID PROTEST PROCEDURES AND STANDARDS: "*** PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS SHALL BE FILED PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS." (4 CFR 20.2(A).).

B-181982, SEP 4, 1974

PROTEST, FILED AFTER AWARD OF CONTRACT, THAT RFP DID NOT PERMIT SUFFICIENT TIME FOR OFFERORS TO PREPARE PROPOSALS AND THAT RFP EVALUATION CRITERIA WERE NOT CLEAR AND EXACT RELATES TO DEFECTS WHICH WERE APPARENT IN RFP PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS AND IS UNTIMELY UNDER 4 CFR 20.2(A).

UNICARE, INC.:

ON JULY 25, 1974, UNICARE, INC. (UNICARE), RECEIVED A LETTER FROM THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE ADVISING THAT THE COMPANY HAD NOT BEEN AWARDED A CONTRACT UNDER REQUEST FOR PROPOSALS (RFP) HRA 106-HSR- 234(4)#6 FOR HEALTH CARE SERVICES.

UNICARE CLAIMS THAT THE RFP DID NOT PERMIT SUFFICIENT TIME FOR OFFERORS TO PREPARE PROPOSALS FOR THE SERVICES AND THAT THE RFP CRITERIA FOR EVALUATION OF PROPOSALS WERE NOT CLEAR AND EXACT.

BOTH COMPLAINTS RELATE TO DEFECTS WHICH WERE APPARENT IN THE RFP PRIOR TO THE CLOSING DATE SET FOR RECEIPT OF PROPOSALS. UNDER SECTION 20.2(A) OF THE GAO INTERIM BID PROTEST PROCEDURES AND STANDARDS:

"*** PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS SHALL BE FILED PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS." (4 CFR 20.2(A).)

SINCE THE UNICARE PROTEST WAS NOT RECEIVED AT GAO UNTIL AUGUST 8, 1974, WHICH WAS AFTER AWARD AND CLEARLY AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS, IT IS UNTIMELY. THEREFORE, WE ARE CLOSING OUR FILE ON THE MATTER TODAY WITHOUT RULING ON THE MERITS OF THE PROTEST.