B-199848, AUG 18, 1980

B-199848: Aug 18, 1980

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PROTEST AGAINST TIME ALLOTTED FOR CONTRACT PERFORMANCE FILED AFTER CLOSING DATE FOR INITIAL PROPOSALS IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS. 2. REQUEST FOR GAO AUDIT OF INCUMBENT CONTRACTOR IS DENIED WHERE INFORMATION FURNISHED BY PROTESTER DOES NOT SHOW POSSIBLE BENEFITS GREATER THAN BENEFITS OBTAINABLE BY USING GAO PERSONNEL ON OTHER INVESTIGATIONS. 3. CLAIM FOR PROPOSAL PREPARATION COSTS WILL NOT BE CONSIDERED WHEN SUBMITTED IN CONJUNCTION WITH UNTIMELY PROTEST. 4. PSA7538 ON THE GROUND THAT THE TIME ALLOTTED FOR PERFORMANCE IS OF SUCH SHORT DURATION AS TO BE IMPOSSIBLE OF PERFORMANCE. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED ON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS MUST BE FILED PRIOR TO THE CLOSING DATE. 4 C.F.R.

B-199848, AUG 18, 1980

DIGEST: 1. PROTEST AGAINST TIME ALLOTTED FOR CONTRACT PERFORMANCE FILED AFTER CLOSING DATE FOR INITIAL PROPOSALS IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS. 2. REQUEST FOR GAO AUDIT OF INCUMBENT CONTRACTOR IS DENIED WHERE INFORMATION FURNISHED BY PROTESTER DOES NOT SHOW POSSIBLE BENEFITS GREATER THAN BENEFITS OBTAINABLE BY USING GAO PERSONNEL ON OTHER INVESTIGATIONS. 3. CLAIM FOR PROPOSAL PREPARATION COSTS WILL NOT BE CONSIDERED WHEN SUBMITTED IN CONJUNCTION WITH UNTIMELY PROTEST. 4. FREEDOM OF INFORMATION ACT APPLICATION FOR DISCLOSURE OF DOCUMENTS MUST BE MADE TO AGENCY, SINCE GAO LACKS AUTHORITY TO DISCLOSE AGENCY DOCUMENTS TO PROTESTER.

PLANNED SYSTEMS INTERNATIONAL, INC.:

PLANNED SYSTEMS INTERNATIONAL, INC. (PSI), PROTESTS THE DEPARTMENT OF INTERIOR'S (INTERIOR) AWARD OF A CONTRACT UNDER SOLICITATION NO. PSA7538 ON THE GROUND THAT THE TIME ALLOTTED FOR PERFORMANCE IS OF SUCH SHORT DURATION AS TO BE IMPOSSIBLE OF PERFORMANCE.

OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED ON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS MUST BE FILED PRIOR TO THE CLOSING DATE. 4 C.F.R. SEC. 20.2(B) (1980). THE CLOSING DATE WAS MAY 27, 1980. PSI'S PROTEST WAS RECEIVED ON AUGUST 4, 1980. SINCE THE DEFICIENCY COMPLAINED OF IS APPARENT ON THE FACE OF THE SOLICITATION, THE PROTEST HAD TO BE RECEIVED PRIOR TO THE MAY 27, 1980, CLOSING DATE IN ORDER TO BE TIMELY.

PSI HAS REQUESTED THE FOLLOWING: (1) PROHIBITION OF CONTRACTUAL MODIFICATIONS EXTENDING THE PERIOD OF PERFORMANCE; (2) PROHIBITION OF ANY SOLE-SOURCE AWARD TO THE INCUMBENT CONTRACTOR ON THE GROUND THAT ONLY THE INCUMBENT CAN DO IT IN THE TIME ALLOTTED; (3) CANCELLATION OF THE SOLICITATION; (4) AN AUDIT OF THE INCUMBENT'S CONTRACT; (5) PAYMENT TO THE PROTESTER OF $5,000 FOR PROPOSAL PREPARATION COSTS; (6) DISCLOSURE OF AGENCY DOCUMENTS UNDER THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. SEC. 552 (1976); AND (7) RESOLICITATION OF THE REQUIREMENT ON AN ADVERTISED AS OPPOSED TO A NEGOTIATED BASIS. THE ACTION REQUESTED IN ITEMS 1, 2, 3, 5, AND 7, ABOVE, IS PREMISED ON THE ASSUMPTION THAT THE PROTEST IS TIMELY FILED AND FOR OUR CONSIDERATION. SINCE THE PROTEST IS UNTIMELY, IT WOULD NOT BE APPROPRIATE TO CONSIDER THESE MATTERS.

AS REGARDS THE RELIEF SOUGHT IN ITEM 4, AUDIT OF THE INCUMBENT'S CONTRACT, UNDER OUR AUDIT FUNCTION WE REVIEW, WITH LIMITED RESOURCES, A BROAD SPECTRUM OF FEDERAL ACTIVITIES. CONSEQUENTLY, CRITICAL DECISIONS CONCERNING THE EFFICACY OF EACH REVIEW IN TERMS OF OBTAINING THE GREATEST BENEFIT FOR RESOURCE UTILIZATION MUST BE MADE. WE DO NOT BELIEVE THAT THE INFORMATION FURNISHED BY PSI WARRANTS OUR REVIEW IN THAT CONTEXT IN LIGHT OF THE POSSIBLE BENEFITS VIS-A-VIS UTILIZATION OF PERSONNEL ON OTHER INVESTIGATIONS.

THE RELIEF SOUGHT IN ITEM 6, FOIA DISCLOSURE OF AGENCY DOCUMENTS, IS BEYOND THE SCOPE OF OUR AUTHORITY. PSI MUST MAKE APPLICATION TO INTERIOR FOR RELEASE OF THE DOCUMENTS. 53 COMP.GEN. 40 (1973).

ACCORDINGLY, PSI'S PROTEST IS DISMISSED.