B-203226, MAY 27, 1981

B-203226: May 27, 1981

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PROTEST BASED ON SOLICITATION IMPROPRIETIES IS UNTIMELY WHEN FILED AFTER BID OPENING. 2. PROTEST BASED ON IMPROPRIETIES IN PRIOR PROCUREMENTS IS UNTIMELY RAISED UNDER GAO BID PROTEST PROCEDURES. WELLS FARGO COMPLAINS THAT GSA STRUCTURED THIS AND SEVERAL PREVIOUS SOLICITATIONS IN A MANNER WHICH UNFAIRLY AND IMPROPERLY FAVORED THE INCUMBENT CONTRACTOR AND SUGGESTS THAT SUCH RESTRICTIONS ON COMPETITION ARE NOT IN THE GOVERNMENT'S BEST INTEREST. THE PROTEST IS UNTIMELY. THE PROTEST HERE IS BASED ON IMPROPRIETIES WHICH WERE APPARENT ON THE FACE OF THE SOLICITATION. BIDS WERE OPENED ON MAY 7. WELLS FARGO'S PROTEST WAS NOT FILED UNTIL MAY 8. THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.

B-203226, MAY 27, 1981

DIGEST: 1. PROTEST BASED ON SOLICITATION IMPROPRIETIES IS UNTIMELY WHEN FILED AFTER BID OPENING. 2. PROTEST BASED ON IMPROPRIETIES IN PRIOR PROCUREMENTS IS UNTIMELY RAISED UNDER GAO BID PROTEST PROCEDURES.

WELLS FARGO GUARD SERVICES:

WELLS FARGO GUARD SERVICES (WELLS FARGO), A DIVISION OF BAKER PROTECTIVE SERVICES, INC., PROTESTS THE AWARD OF A CONTRACT TO ANY OTHER FIRM UNDER INVITATION FOR BIDS (IFB) NO. GS-11C-10170, ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA) FOR ARMED GUARD SERVICES AT VARIOUS BUILDINGS IN WASHINGTON, D.C. WELLS FARGO COMPLAINS THAT GSA STRUCTURED THIS AND SEVERAL PREVIOUS SOLICITATIONS IN A MANNER WHICH UNFAIRLY AND IMPROPERLY FAVORED THE INCUMBENT CONTRACTOR AND SUGGESTS THAT SUCH RESTRICTIONS ON COMPETITION ARE NOT IN THE GOVERNMENT'S BEST INTEREST. THE PROTEST IS UNTIMELY.

OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(B)(1) (1980), REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES APPARENT ON THE FACE OF A SOLICITATION BE FILED PRIOR TO BID OPENING. THE PROTEST HERE IS BASED ON IMPROPRIETIES WHICH WERE APPARENT ON THE FACE OF THE SOLICITATION. BIDS WERE OPENED ON MAY 7, 1981 AS SCHEDULED, AND WELLS FARGO'S PROTEST WAS NOT FILED UNTIL MAY 8. ACCORDINGLY, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS. DYNATION CORPORATION, B-201342, DECEMBER 10, 1980, 80-2 CPD 423. THAT PORTION OF THE PROTEST CONCERNING IRREGULARITIES IN PRIOR SOLICITATIONS IS UNTIMELY FOR THE SAME REASON AND THUS ALSO WILL NOT BE CONSIDERED HERE. SEE JEKYLL TOWING AND MARINE SERVICES CORPORATION, B-199199, DECEMBER 1, 1980, 80-2 CPD 413.

WE ADD, FOR THE PROTESTER'S INFORMATION, THAT THE TERM "FILED" IS DEFINED IN 4 C.F.R. SEC. 20.2(B)(3) AS "RECEIPT IN THE CONTRACTING AGENCY OR IN THE GENERAL ACCOUNTING OFFICE AS THE CASE MAY BE." EDWARD E. DAVIS CONTRACTING, INC., B-199524, JANUARY 13, 1981, 81-1 CPD 20.

THE PROTEST IS DISMISSED.