B-184021, OCT 2, 1975

B-184021: Oct 2, 1975

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PROTEST INCLUDING ALLEGED SPECIFICATION DEFECTS FILED IN THE GAO MORE THAN 5 DAYS AFTER CLOSING DATE FOR RECEIPT OF QUOTATIONS IS UNTIMELY EVEN THOUGH INITIALLY TIMELY FILED WITH AGENCY AS AGENCY'S FAILURE EITHER TO TAKE CORRECTIVE ACTION OR EXTEND CLOSING DATE WAS NOTIFICATION OF ADVERSE AGENCY ACTION. 4 C.F.R. 20.2(A) (1975). 2. PROTEST ALLEGING IMPROPER EXCLUSION OF QUOTATION FROM AWARD CONSIDERATION IS UNTIMELY SINCE IT WAS FILED IN GAO MORE THAN 5 DAYS AFTER RECEIPT OF AGENCY NOTIFICATION THAT IT WAS SUBMITTED LATE AND. TRAVIS CORPORATION: THIS IS A PROTEST BY WILLIAM B. THE PROTESTER CLAIMS THAT (1) THE SOLICITATION WAS DEFECTIVE BECAUSE IT CONTAINED ERRONEOUS AND MISLEADING INFORMATION AND (2) ITS QUOTATION SHOULD HAVE BEEN CONSIDERED EVEN THOUGH SUBMITTED LATE BECAUSE OF THE CONFUSION DEMONSTRATED BY THE HISTORY OF THE PROCUREMENT.

B-184021, OCT 2, 1975

1. PROTEST INCLUDING ALLEGED SPECIFICATION DEFECTS FILED IN THE GAO MORE THAN 5 DAYS AFTER CLOSING DATE FOR RECEIPT OF QUOTATIONS IS UNTIMELY EVEN THOUGH INITIALLY TIMELY FILED WITH AGENCY AS AGENCY'S FAILURE EITHER TO TAKE CORRECTIVE ACTION OR EXTEND CLOSING DATE WAS NOTIFICATION OF ADVERSE AGENCY ACTION. 4 C.F.R. 20.2(A) (1975). 2. PROTEST ALLEGING IMPROPER EXCLUSION OF QUOTATION FROM AWARD CONSIDERATION IS UNTIMELY SINCE IT WAS FILED IN GAO MORE THAN 5 DAYS AFTER RECEIPT OF AGENCY NOTIFICATION THAT IT WAS SUBMITTED LATE AND, THEREFORE, NOT FOR CONSIDERATION. 4 C.F.R. 20.2(A) (1975).

WILLIAM B. TRAVIS CORPORATION:

THIS IS A PROTEST BY WILLIAM B. TRAVIS CORPORATION (TRAVIS) OF ALLEGED IRREGULARITIES IN REQUEST FOR QUOTATIONS (RFQ) NO. DAAD07-75-Q 3444, ISSUED APRIL 2, 1975, BY WHITE SANDS MISSILE RANGE, NEW MEXICO, FOR A CONTRACTOR OPERATED VEHICLE PARTS STORE (COPARS). THE PROTESTER CLAIMS THAT (1) THE SOLICITATION WAS DEFECTIVE BECAUSE IT CONTAINED ERRONEOUS AND MISLEADING INFORMATION AND (2) ITS QUOTATION SHOULD HAVE BEEN CONSIDERED EVEN THOUGH SUBMITTED LATE BECAUSE OF THE CONFUSION DEMONSTRATED BY THE HISTORY OF THE PROCUREMENT. FOR THE REASONS WHICH FOLLOW, THE PROTEST IS DISMISSED AS TO BOTH CLAIMS.

INITIALLY BIDS FOR THE SUBJECT PROCUREMENT WERE SOLICITED UNDER INVITATION FOR BIDS (IFB) NO. DAAD07-74-B-0080, ISSUED ON JUNE 17, 1974. FOLLOWING AN EXTENSION OF THE BID OPENING, THE SOLICITATION WAS CANCELED EFFECTIVE NOVEMBER 4, 1974, BECAUSE OF VARIOUS DEFICIENCIES. THE PROCUREMENT WAS READVERTISED UNDER REVISED IFB DAAD07-75-B-0014, ISSUED JANUARY 28, 1975, BUT, DUE TO SUBSTANTIAL DEFICIENCIES, WAS CANCELED ON MARCH 20, 1975. THE SUBJECT SOLICITATION QUOTATIONS BEFORE THE CLOSE OF BUSINESS ON APRIL 23, 1975. TRAVIS' HAND CARRIED QUOTATION WAS RECEIVED AT THE WHITE SANDS MISSILE RANGE DIRECTORATE AT 10:15 A.M. ON APRIL 24, 1975. ON THAT SAME DAY, A REPRESENTATIVE OF TRAVIS TELEPHONED THE DIRECTORATE TO DETERMINE IF ITS QUOTATION HAD BEEN RECEIVED. WHEN ADVISED THAT ITS QUOTATION WAS LATE, THE TRAVIS REPRESENTATIVE REQUESTED CONSIDERATION IN LIGHT OF THE UNUSUAL HISTORY OF THE PROCUREMENT. APRIL 29, 1975, THE PROTESTER WAS ADVISED BY TELEPHONE THAT THE CONTRACTING OFFICER HAD DETERMINED ITS QUOTATION TO BE LATE AND, THEREFORE, NOT ELIGIBLE FOR CONSIDERATION. THIS WAS CONFIRMED BY A LETTER DATED MAY 6, 1975, RECEIVED BY TRAVIS ON OR BEFORE MAY 9, 1975. THE INSTANT PROTEST WAS FILED WITH OUR OFFICE ON MAY 28, 1975.

OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS, 4 C.F.R. 20.2(A) (1975), IN EFFECT AT THE TIME OF THE FILING OF THE PROTEST, PROVIDED 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 RECEIPT OF PROPOSALS. IN OTHER CASES, BID PROTESTS SHALL BE FILED NOT LATER THAN 5 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED ***."

APPARENTLY TRAVIS ORALLY PROTESTED THE ALLEGED DEFICIENCIES IN THE SOLICITATION TO THE AGENCY PRIOR TO THE CLOSING DATE. ALTHOUGH THE AGENCY APPARENTLY DID NOT FORMALLY RESPOND TO THE PROTEST, THE AGENCY'S FAILURE TO TAKE ANY CORRECTIVE ACTION OR EXTEND THE CLOSING DATE WAS NOTIFICATION OF ADVERSE AGENCY ACTION. 52 COMP. GEN. 20 (1972). THEREFORE, TRAVIS' PROTEST FILED IN OUR OFFICE MORE THAN 5 DAYS AFTER THE CLOSING DATE IS UNTIMELY. FURTHERMORE, TRAVIS ACKNOWLEDGES RECEIPT OF THE LETTER NOTIFYING IT THAT ITS QUOTATION WAS LATE AND NOT ELIGIBLE FOR FURTHER CONSIDERATION ON MAY 9, 1975. THUS, TRAVIS' PROTEST ON THIS BASIS, NOT HAVING BEEN RECEIVED UNTIL MAY 28, 1975, IS ALSO UNTIMELY AND WILL NOT BE CONSIDERED BY OUR OFFICE ON ITS MERITS.