B-182707, DEC 12, 1974

B-182707: Dec 12, 1974

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UNCLEAR AND AMBIGUOUS SPECIFICATIONS IS UNTIMELY UNDER SECTION 20.2(A) OF BID PROTEST PROCEDURES AND STANDARDS BECAUSE PROTESTER DID NOT PROTEST ALLEGED IMPROPRIETIES PRIOR TO BID OPENING. WE HAVE BEEN ADVISED THAT BID OPENING WAS NOVEMBER 14. GENERAL CONTENDED THAT THE IFB DID NOT BUT SHOULD HAVE STATED THE TYPES AND MANUFACTURERS OF THE PARTITIONS TO BE FURNISHED BY THE GOVERNMENT UNDER THE REQUIREMENTS TYPE CONTRACT IN ORDER FOR BIDDERS TO SUBMIT INTELLIGENT BIDS. GENERAL CONTENDED THE IFB'S BOND REQUIREMENTS WERE EXCESSIVE IN THAT THEY WERE BASED UPON THE IFB'S OVERSTATED ESTIMATED QUANTITIES. GENERAL STATED THAT THE IFB SPECIFICATIONS WERE UNCLEAR AND AMBIGUOUS WHICH PRECLUDED POTENTIAL BIDDERS FROM SUBMITTING BIDS.

B-182707, DEC 12, 1974

PROTEST BASED UPON IFB'S FAILURE TO STATE TYPES AND MANUFACTURERS OF PARTITIONS TO BE FURNISHED BY GOVERNMENT UNDER REQUIREMENTS TYPE PROJECT TERM CONTRACT, ALLEGED OVERSTATED ESTIMATED QUANTITIES, EXCESSIVE BOND REQUIREMENTS, AND UNCLEAR AND AMBIGUOUS SPECIFICATIONS IS UNTIMELY UNDER SECTION 20.2(A) OF BID PROTEST PROCEDURES AND STANDARDS BECAUSE PROTESTER DID NOT PROTEST ALLEGED IMPROPRIETIES PRIOR TO BID OPENING.

GENERAL MAINTENANCE AND CONSTRUCTION COMPANY, INC.:

BY LETTER DATED NOVEMBER 18, 1974, THE GENERAL MAINTENANCE AND CONSTRUCTION COMPANY, INC. (GENERAL), PROTESTED ANY AWARD OF A PROJECT TERM CONTRACT PURSUANT TO INVITATION FOR BIDS (IFB) NO. GS-03B-49515 ISSUED BY THE GENERAL SERVICES ADMINISTRATION, FOR PARTITIONING AND RELATED WORK. WE HAVE BEEN ADVISED THAT BID OPENING WAS NOVEMBER 14, 1974.

GENERAL CONTENDED THAT THE IFB DID NOT BUT SHOULD HAVE STATED THE TYPES AND MANUFACTURERS OF THE PARTITIONS TO BE FURNISHED BY THE GOVERNMENT UNDER THE REQUIREMENTS TYPE CONTRACT IN ORDER FOR BIDDERS TO SUBMIT INTELLIGENT BIDS. GENERAL ALSO QUESTIONED THE MAGNITUDE OF THE ESTIMATED QUANTITIES SHOWN IN THE IFB, WHICH IT DOUBTS CAN BE COMPLETED DURING THE TERM OF THE CONTRACT. IN ADDITION, GENERAL CONTENDED THE IFB'S BOND REQUIREMENTS WERE EXCESSIVE IN THAT THEY WERE BASED UPON THE IFB'S OVERSTATED ESTIMATED QUANTITIES. IN CONCLUSION, GENERAL STATED THAT THE IFB SPECIFICATIONS WERE UNCLEAR AND AMBIGUOUS WHICH PRECLUDED POTENTIAL BIDDERS FROM SUBMITTING BIDS.

SECTION 20.2(A) OF OUR BID PROTEST PROCEDURES AND STANDARDS (4 C.F.R. 20.2(A) (1974)) 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 THE RECEIPT OF PROPOSALS. ***"

SINCE GENERAL DID NOT PROTEST THE ALLEGED IMPROPRIETIES PRIOR TO BID OPENING, THE PROTEST IS UNTIMELY.

THEREFORE, THE PROTEST WILL NOT BE CONSIDERED.