B-183961, JUL 8, 1975
Highlights
ALTHOUGH REQUEST FOR CLARIFICATION OF ALLEGEDLY AMBIGUOUS SPECIFICATIONS WAS MADE TO CORPS OF ENGINEERS PRIOR TO BID OPENING. FACT THAT PROTEST ON THIS ISSUE WAS NOT LODGED WITH EITHER CORPS OF ENGINEERS OR GAO PRIOR TO BID OPENING RENDERS SIMILAR PROTEST TO GAO. IS AFFIRMED. ON THE BASIS THAT THE SPECIFICATIONS WERE AMBIGUOUS. WAS UNTIMELY FILED. COUNSEL FOR HEWITT SEEKS TO HAVE THE PROTEST CONSIDERED ON THE BASIS THAT "*** CLARIFICATION WAS SOUGHT *** FROM THE SAVANNAH DISTRICT OF THE CORPS OF ENGINEERS. NO CLARIFICATION WAS IN FACT GIVEN.". THE RECORD IS DEVOID OF ANY EVIDENCE THAT ESTABLISHES THE FACT THAT HEWITT PROTESTED THE ALLEGED AMBIGUITY IN THE IFB TO THE CORPS OF ENGINEERS PRIOR TO BID OPENING.
B-183961, JUL 8, 1975
ALTHOUGH REQUEST FOR CLARIFICATION OF ALLEGEDLY AMBIGUOUS SPECIFICATIONS WAS MADE TO CORPS OF ENGINEERS PRIOR TO BID OPENING, FACT THAT PROTEST ON THIS ISSUE WAS NOT LODGED WITH EITHER CORPS OF ENGINEERS OR GAO PRIOR TO BID OPENING RENDERS SIMILAR PROTEST TO GAO, FILED AFTER BID OPENING, UNTIMELY PURSUANT TO SEC. 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS. DECISION OF MAY 28, 1975, IS AFFIRMED.
HEWITT CONTRACTING COMPANY:
IN HEWITT CONTRACTING COMPANY, B-183961, MAY 28, 1975, OUR OFFICE CONCLUDED THAT THE PROTEST FILED BY THE HEWITT CONTRACTING COMPANY (HEWITT) AGAINST AN AWARD BEING MADE UNDER INVITATION FOR BIDS (IFB) NO. DACA21-75-B-0102, ISSUED BY THE UNITED STATES ARMY ENGINEER DISTRICT, SAVANNAH, GEORGIA, ON THE BASIS THAT THE SPECIFICATIONS WERE AMBIGUOUS, WAS UNTIMELY FILED, AND THEREFORE WOULD NOT BE CONSIDERED BY OUR OFFICE ON ITS MERITS.
BY LETTER DATED JUNE 12, 1975, COUNSEL FOR HEWITT HAS REQUESTED RECONSIDERATION OF OUR MAY 28 DECISION.
COUNSEL FOR HEWITT SEEKS TO HAVE THE PROTEST CONSIDERED ON THE BASIS THAT "*** CLARIFICATION WAS SOUGHT *** FROM THE SAVANNAH DISTRICT OF THE CORPS OF ENGINEERS, BUT NO CLARIFICATION WAS IN FACT GIVEN." HOWEVER, THE RECORD IS DEVOID OF ANY EVIDENCE THAT ESTABLISHES THE FACT THAT HEWITT PROTESTED THE ALLEGED AMBIGUITY IN THE IFB TO THE CORPS OF ENGINEERS PRIOR TO BID OPENING. THE FACT THAT A CLARIFICATION WAS SOUGHT CANNOT BE SUBSTITUTED FOR THE NECESSITY OF A FORMAL PROTEST. IN SHORT, WHEN THE TIME FOR BID OPENING WAS RAPIDLY APPROACHING AND HEWITT STILL HAD NOT RECEIVED A RESPONSE TO ITS REQUEST FOR CLARIFICATION, IT WAS INCUMBENT UPON HEWITT TO FORMALLY PROTEST THE ALLEGED AMBIGUITY EITHER TO THE CORPS OF ENGINEERS OR TO OUR OFFICE TO PROTECT ITS INTERESTS IN THIS MATTER.
AS NO PROTEST HAD BEEN LODGED PRIOR TO BID OPENING, HEWITT'S PROTEST OF MAY 20, 1975, WAS UNTIMELY FILED PURSUANT TO SEC. 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS, PUBLISHED AT 4 CODE OF FEDERAL REGULATIONS, PART 20 (1974). ACCORDINGLY, OUR DECISION OF MAY 28, 1975, IS AFFIRMED.