B-200131, SEP 30, 1980

B-200131: Sep 30, 1980

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DIGEST: PROTEST OF AWARD OF SOLE SOURCE CONTRACT FILED AFTER AWARD IS UNTIMELY SINCE AGENCY'S ANNOUNCEMENT OF SOLE SOURCE PROCUREMENT AND CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS IN COMMERCE BUSINESS DAILY PLACED PROTESTER ON NOTICE OF ALLEGED IMPROPRIETIES IN SOLICITATION PRIOR TO INITIAL CLOSING DATE. THE PROTESTER MANUFACTURES SIMILAR EQUIPMENT AND SAYS IT COULD HAVE MET THE ARMY'S REQUIREMENT. PROPOSED PROCUREMENT IS SOLE SOURCE TO INSTRON CORP. ***.". IN OUR VIEW THIS PROTEST IS UNTIMELY. SINCE THE PROPOSED SOLE SOURCE AWARD AND THE CLOSING DATE WERE PUBLISHED IN THE CBD. THE BASIS OF THE PROTEST SHOULD HAVE BEEN KNOWN TO THE PROTESTER IN ADVANCE OF THE MARCH 5. WAITED MORE THAN A MONTH AFTER AWARD TO FILE ITS PROTEST AND IT IS THEREFORE UNTIMELY AND NOT FOR CONSIDERATION.

B-200131, SEP 30, 1980

DIGEST: PROTEST OF AWARD OF SOLE SOURCE CONTRACT FILED AFTER AWARD IS UNTIMELY SINCE AGENCY'S ANNOUNCEMENT OF SOLE SOURCE PROCUREMENT AND CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS IN COMMERCE BUSINESS DAILY PLACED PROTESTER ON NOTICE OF ALLEGED IMPROPRIETIES IN SOLICITATION PRIOR TO INITIAL CLOSING DATE.

MTS SYSTEMS CORPORATION:

MTS SYSTEMS CORPORATION PROTESTS AWARD OF A SOLE SOURCE CONTRACT ON JUNE 23, 1980 TO INSTRON CORPORATION UNDER REQUEST FOR PROPOSALS (RFP) DAAH03- 80-R-0045 ISSUED BY THE U. S. ARMY MISSILE COMMAND, REDSTONE ARSENAL (ARMY) FOR ELECTROHYDRAULIC BIAXIAL TEST EQUIPMENT WITH AUTOMATED CONTROL. THE PROTESTER MANUFACTURES SIMILAR EQUIPMENT AND SAYS IT COULD HAVE MET THE ARMY'S REQUIREMENT.

THE ARMY SYNOPSIZED THIS REQUIREMENT IN THE JANUARY 22, 1980 ISSUE OF THE COMMERCE BUSINESS DAILY (CBD), AS FOLLOWS:

"CLOSED LOOP BIAXIAL STRESS SERVOHYDRAULIC MECHANICAL TEST SYSTEM - ONE EACH - DESTINATION REDSTONE ARSENAL, AL - DAAH03-80-R-0045 - CLOSING DATE 5 MARCH 80. PROPOSED PROCUREMENT IS SOLE SOURCE TO INSTRON CORP. ***."

IN OUR VIEW THIS PROTEST IS UNTIMELY. OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST OF ALLEGED IMPROPRIETIES IN A SOLICITATION BE FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. 4 C.F.R. SEC. 20.2(B) (1980). IN THIS REGARD, SINCE THE PROPOSED SOLE SOURCE AWARD AND THE CLOSING DATE WERE PUBLISHED IN THE CBD, THE BASIS OF THE PROTEST SHOULD HAVE BEEN KNOWN TO THE PROTESTER IN ADVANCE OF THE MARCH 5, 1980 CLOSING DATE. DEL NORTE TECHNOLOGY, INC., B-182318, JANUARY 27, 1975, 75-1 CPD 53. HERE MTS, WITHOUT MAKING ANY EFFORT TO PARTICIPATE IN THE PROCUREMENT, WAITED MORE THAN A MONTH AFTER AWARD TO FILE ITS PROTEST AND IT IS THEREFORE UNTIMELY AND NOT FOR CONSIDERATION.

THE PROTEST IS DISMISSED.