B-206476, FEB 26, 1982

B-206476, FEB 26, 1982

DIGEST: A PROTEST BASED ON AN ALLEGED IMPROPER SPECIFICATION FILED WITH GAO 14 WORKING DAYS AFTER AGENCY ACCEPTED OFFERS WITHOUT TAKING ANY ACTION TO AMEND SPECIFICATIONS IN ACCORDANCE WITH PROTESTER'S WISHES, IS UNTIMELY AND WILL NOT BE CONSIDERED.

SECURITY ASSISTANCE FORCES & EQUIPMENT INTERNATIONAL, INC.:

SECURITY ASSISTANCE FORCES & EQUIPMENT INTERNATIONAL, INC. (SAFE) PROTESTS THE SPECIFICATIONS OF SOLICITATION NO. 7CF-52217-T4-7XB ISSUED BY THE GENERAL SERVICES ADMINISTRATION, FEDERAL SUPPLY SERVICE. WE WILL NOT CONSIDER THE PROTEST.

GAO BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED ON ALLEGED IMPROPRIETIES IN THE SOLICITATION BE FILED PRIOR TO THE TIME SET FOR THE RECEIPT OF BIDS OR THE CLOSING DATE FOR THE RECEIPT OF INITIAL PROPOSALS IN THE CASE OF NEGOTIATED PROCUREMENTS. 4 C.F.R. SEC. 21.2(B)(1) (1981). THESE PROCEDURES ALSO REQUIRE THAT PROTESTS BE FILED WITHIN 10 WORKING DAYS OF INITIAL ADVERSE AGENCY ACTION IN THE EVENT A TIMELY PROTEST HAS FIRST BEEN FILED WITH THE AGENCY. 4 C.F.R. SEC. 21.2(A). THE RECEIPT OF PROPOSALS OR BIDS, WITHOUT THE AGENCY TAKING ANY ACTION TO AMEND THE SPECIFICATION COMPLAINED OF, IS CONSIDERED TO BE INITIAL ADVERSE AGENCY ACTION. DEVILLE ALUMINUM PRODUCTS, INC. - RECONSIDERATION, B-203399.2, JULY 1, 1981, 81-2 CPD 4.

ACCORDING TO SAFE, OFFERS WERE ACCEPTED ON JANUARY 29, 1982 WITHOUT AMENDMENT OR CHANGE TO THE SOLICITATION SPECIFICATIONS WHICH SAFE BELIEVES IS NECESSARY. THE PROTEST IS DATED FEBRUARY 1, 1982; IT WAS MAILED FEBRUARY 15; AND IT WAS FILED (RECEIVED) ON FEBRUARY 18. CLEARLY, THEN, IT IS UNTIMELY.

THE PROTEST IS DISMISSED.