B-182898, JAN 15, 1975

B-182898: Jan 15, 1975

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PROTEST FILED AFTER BID OPENING THAT IFB SPECIFICATION IS UNDULY RESTRICTIVE OF COMPETITION IS UNTIMELY SINCE BASIS OF PROTEST SHOULD HAVE BEEN APPARENT TO BIDDER PRIOR TO BID OPENING AND 4 C.F.R. GARDIS' PROTEST IS BASED ON THE CONTENTION THAT THE SPECIFICATION CONTAINED IN THE IFB IS UNDULY RESTRICTIVE OF COMPETITION. WE ARE INFORMED THAT BIDS WERE OPENED ON DECEMBER 17. SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS REQUIRES THAT PROTESTS ALLEGING IMPROPRIETIES IN SOLICITATIONS WHICH ARE APPARENT PRIOR TO BID OPENING SHALL BE FILED PRIOR TO BID OPENING. IN OUR OPINION THE BASIS OF THE PROTEST SHOULD HAVE BEEN APPARENT TO GARDIS DURING THE PREPARATION OF ITS BID AND THE MATTER SHOULD HAVE BEEN RAISED AT THAT TIME RATHER THAN AFTER THE BID OPENING.

B-182898, JAN 15, 1975

PROTEST FILED AFTER BID OPENING THAT IFB SPECIFICATION IS UNDULY RESTRICTIVE OF COMPETITION IS UNTIMELY SINCE BASIS OF PROTEST SHOULD HAVE BEEN APPARENT TO BIDDER PRIOR TO BID OPENING AND 4 C.F.R. SEC. 20.2(A) (1974) REQUIRES SUCH PROTESTS TO BE FILED PRIOR TO BID OPENING.

GARDIS CONSTRUCTION CO.:

GARDIS CONSTRUCTION CO. (GARDIS), PROTESTS THE AWARD OF ANY CONTRACT UNDER IFB DAKF23-75-B-0030 ISSUED BY THE DEPARTMENT OF THE ARMY. THE IFB CALLS FOR BIDS TO REPLACE HEATING AND AIR CONDITIONING EQUIPMENT IN THE FAMILY HOUSING AT FORT CAMPBELL, KENTUCKY.

GARDIS' PROTEST IS BASED ON THE CONTENTION THAT THE SPECIFICATION CONTAINED IN THE IFB IS UNDULY RESTRICTIVE OF COMPETITION. WE ARE INFORMED THAT BIDS WERE OPENED ON DECEMBER 17, 1974. GARDIS FILED ITS PROTEST BY MAIL GRAM DATED DECEMBER 19, 1974.

SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS REQUIRES THAT PROTESTS ALLEGING IMPROPRIETIES IN SOLICITATIONS WHICH ARE APPARENT PRIOR TO BID OPENING SHALL BE FILED PRIOR TO BID OPENING. IN OUR OPINION THE BASIS OF THE PROTEST SHOULD HAVE BEEN APPARENT TO GARDIS DURING THE PREPARATION OF ITS BID AND THE MATTER SHOULD HAVE BEEN RAISED AT THAT TIME RATHER THAN AFTER THE BID OPENING. ACCORDINGLY, WE CONCLUDE THAT THE PROTEST IS UNTIMELY AND WE ARE CLOSING OUR FILE WITHOUT FURTHER ACTION. 4 C.F.R. SEC. 20.2(A) (1974).