B-202595, APR 28, 1981
Highlights
IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS SINCE FILED AFTER BID OPENING. IT IS CONTENDED THAT THIS FAILURE HAD A MATERIAL IMPACT ON THE PRICING OF THE COLUMBUS BID. WE ARE ADVISED BY THE GSA THAT AFTER THE ISSUANCE OF THE INVITATION AND OF A LATER AMENDMENT TO THE INVITATION COLUMBUS REQUESTED THAT THE INVITATION AND THE AMENDMENT BE CLARIFIED IN CERTAIN RESPECTS. WERE PROVIDED BY MEANS OF AN AMENDMENT TO THE INVITATION. WHEREIN THE BID OPENING DATE WAS ALSO EXTENDED TO MARCH 16. WAS DATED MARCH 3 AND WAS SENT TO PROSPECTIVE BIDDERS BY FEDERAL EXPRESS. BIDS WERE OPENED ON MONDAY. THE GSA FURTHER NOTES THAT WHILE THE AMENDMENT SHOULD HAVE BEEN RECEIVED EVEN EARLIER SINCE IT WAS SENT BY FEDERAL EXPRESS.
B-202595, APR 28, 1981
DIGEST: PROTEST AGAINST ALLEGED IMPROPRIETIES IN INVITATION, APPARENT PRIOR TO BID OPENING, IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS SINCE FILED AFTER BID OPENING.
COLUMBUS SERVICES, INC.:
COLUMBUS SERVICES, INC. (COLUMBUS), PROTESTS AN AWARD TO ANY FIRM BUT ITSELF IN VIEW OF THE FAILURE OF THE GENERAL SERVICES ADMINISTRATION (GSA) TO CLARIFY CERTAIN MATTERS RELATING TO INVITATION FOR BIDS NO. GS-03-81-B- 0037. IT IS CONTENDED THAT THIS FAILURE HAD A MATERIAL IMPACT ON THE PRICING OF THE COLUMBUS BID.
WE ARE ADVISED BY THE GSA THAT AFTER THE ISSUANCE OF THE INVITATION AND OF A LATER AMENDMENT TO THE INVITATION COLUMBUS REQUESTED THAT THE INVITATION AND THE AMENDMENT BE CLARIFIED IN CERTAIN RESPECTS. THE CLARIFICATIONS REQUESTED BY COLUMBUS, EXCEPT AS REGARDED MATTERS THAT THE GSA DID NOT FEEL NEEDED CLARIFYING, WERE PROVIDED BY MEANS OF AN AMENDMENT TO THE INVITATION. THIS AMENDMENT, WHEREIN THE BID OPENING DATE WAS ALSO EXTENDED TO MARCH 16, WAS DATED MARCH 3 AND WAS SENT TO PROSPECTIVE BIDDERS BY FEDERAL EXPRESS.
BIDS WERE OPENED ON MONDAY, MARCH 16. COLUMBUS ATTENDED THE BID OPENING AND RAISED NO OBJECTIONS AT THAT TIME TO THE INVITATION, THE INVITATION AMENDMENTS, OR THE OPENING. NOT UNTIL FRIDAY, MARCH 20, DID COLUMBUS BY A LETTER OF THAT DATE PROTEST THE GSA FAILURE TO PROVIDE ALL THE REQUESTED CLARIFICATIONS. THE GSA FURTHER NOTES THAT WHILE THE AMENDMENT SHOULD HAVE BEEN RECEIVED EVEN EARLIER SINCE IT WAS SENT BY FEDERAL EXPRESS, COLUMBUS DATED (AND THUS HAD IN ITS POSSESSION) THE MARCH 3 AMENDMENT ON MARCH 12 - 2 WORKING (4 CALENDAR) DAYS PRIOR TO BID OPENING.
IT IS PROVIDED IN OUR BID PROTEST PROCEDURES, AT 4 C.F.R. SEC. 20.2(B)(1) (1980), THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN AN INVITATION, WHICH ARE APPARENT PRIOR TO BID OPENING, MUST BE FILED PRIOR TO BID OPENING IN ORDER TO BE TIMELY AND FOR CONSIDERATION ON THE MERITS. THIS INSTANCE, COLUMBUS KNEW AT LEAST BY MARCH 12 THAT ITS REQUEST FOR CLARIFICATIONS HAD NOT BEEN COMPLIED WITH COMPLETELY. COLUMBUS SHOULD HAVE REALIZED AT THAT TIME THAT THE GSA DID NOT INTEND TO MAKE FURTHER CLARIFICATIONS. NOTWITHSTANDING, COLUMBUS DID NOTHING UNTIL AFTER BID OPENING AND THE DISCLOSURE OF THE BID PRICES. SINCE THE COLUMBUS PROTEST WAS NOT FILED UNTIL AFTER BID OPENING, THE PROTEST WAS FILED UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS BY OUR OFFICE.
ACCORDINGLY, THE PROTEST IS DISMISSED.