B-182763, DEC 16, 1974
Highlights
IS UNTIMELY UNDER 4 C.F.R. DETERMINATION OF RESPONSIBILITY OF PROSPECTIVE CONTRACTORS IS PRIMARILY FOR RESOLUTION BY CONTRACTING AGENCY AND SINCE THERE HAS BEEN NO SHOWING OF FRAUD. THIS PROTEST LETTER WAS RECEIVED AT OUR OFFICE ON DECEMBER 2. AWARD WAS MADE TO SPIEVAK ON NOVEMBER 11. PEC THEN PROTESTED TO OUR OFFICE THE AWARD ON THE BASIS THAT SPIEVAK WAS A NONRESPONSIBLE BIDDER. A BID PROTEST SHALL BE FILED NOT LATER THAN 5 DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN (4 C.F.R. LETTER FROM GSA WAS NOT RECEIVED BY PEC UNTIL NOVEMBER 21. THE PROTEST IS UNTIMELY UNDER SEC. 20.2(A). THE DETERMINATION OF A PROPOSED CONTRACTOR'S RESPONSIBILITY IS LARGELY WITHIN THE DISCRETION OF THE CONTRACTING OFFICER.
B-182763, DEC 16, 1974
1. PROTEST FILED ON DECEMBER 2, 1974, FOLLOWING KNOWLEDGE BY PROTESTER NO LATER THAN NOVEMBER 21, 1974, OF BASIS FOR PROTEST, IS UNTIMELY UNDER 4 C.F.R. SEC. 20.2(A) (1974), SINCE NOT FILED WITHIN 5 DAYS. 2. DETERMINATION OF RESPONSIBILITY OF PROSPECTIVE CONTRACTORS IS PRIMARILY FOR RESOLUTION BY CONTRACTING AGENCY AND SINCE THERE HAS BEEN NO SHOWING OF FRAUD, MATTER WOULD NOT BE CONSIDERED EVEN IF TIMELY FILED.
PRODUCTS ENGINEERING CORPORATION:
BY LETTER OF NOVEMBER 21, 1974, PRODUCTS ENGINEERING CORPORATION (PEC) PROTESTED THE AWARD OF A CONTRACT UNDER SOLICITATION NO. FPWP-C8 55283-A-9 -13-74 TO THE L.A. SPIEVAK CORPORATION (SPIEVAK) BY THE GENERAL SERVICES ADMINISTRATION (GSA). THIS PROTEST LETTER WAS RECEIVED AT OUR OFFICE ON DECEMBER 2, 1974.
AWARD WAS MADE TO SPIEVAK ON NOVEMBER 11, 1974, AND ON THE SAME DATE GSA SENT A NOTICE OF AWARD TO PEC. PEC THEN PROTESTED TO OUR OFFICE THE AWARD ON THE BASIS THAT SPIEVAK WAS A NONRESPONSIBLE BIDDER.
UNDER OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS (4 C.F.R. PART 20 (1974)), A BID PROTEST SHALL BE FILED NOT LATER THAN 5 DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN (4 C.F.R. SEC. 20.2(A)). EVEN ASSUMING THAT THE NOVEMBER 11, 1974, LETTER FROM GSA WAS NOT RECEIVED BY PEC UNTIL NOVEMBER 21, 1974, THE DATE OF THE PROTEST LETTER, THE PROTEST IS UNTIMELY UNDER SEC. 20.2(A).
MOREOVER, THE DETERMINATION OF A PROPOSED CONTRACTOR'S RESPONSIBILITY IS LARGELY WITHIN THE DISCRETION OF THE CONTRACTING OFFICER. THE CONTRACTING ACTIVITY MUST HANDLE THE DAY-TO-DAY ADMINISTRATION OF THE CONTRACT AND BEAR THE BRUNT OF ANY DIFFICULTIES EXPERIENCED BY REASON OF THE CONTRACTOR'S LACK OF ABILITY. WHERE THE CONTRACTING OFFICER FINDS A PROPOSED CONTRACTOR RESPONSIBLE, WE DO NOT BELIEVE THE FINDING SHOULD BE DISTURBED EXCEPT ON THE BASIS OF FRAUD. SINCE NO FRAUD HAS BEEN ALLEGED OR DEMONSTRATED, EVEN IF THE PROTEST WAS TIMELY, WE WOULD HAVE TO DECLINE TO CONSIDER IT. MATTER OF TELEPROMPTER, B-181274, NOVEMBER 27, 1974.