B-207519, JUN 11, 1982
Highlights
PROTEST AGAINST AGENCY SOLICITATION AND AWARD OF COAT HANGER REQUIREMENTS CONTRACTS UNDER FEDERAL SUPPLY SCHEDULE IS UNTIMELY WHEN FILED AFTER COMPLETION OF CONTRACT TERMS. 2. LACK OF KNOWLEDGE OF GAO AND ITS BID PROTEST PROCEDURES IS INSUFFICIENT BASIS UPON WHICH TO JUSTIFY AN ASSERTION THAT GAO SHOULD CONSIDER AN OTHERWISE UNTIMELY PROTEST. THE GSA DECISION TO PURCHASE BOTH TYPES OF HANGERS WAS APPARENTLY MADE IN 1979 AND THE MOST RECENT FEDERAL SUPPLY SCHEDULE CONTRACT. IPC HAS FAILED TO ALLEGE THAT ANY RECENT SOLICITATION IS OBJECTIONABLE ON THE ABOVE STATED BASIS. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS AGAINST ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING SHALL BE FILED PRIOR TO BID OPENING. 4 C.F.R.
B-207519, JUN 11, 1982
DIGEST: 1. PROTEST AGAINST AGENCY SOLICITATION AND AWARD OF COAT HANGER REQUIREMENTS CONTRACTS UNDER FEDERAL SUPPLY SCHEDULE IS UNTIMELY WHEN FILED AFTER COMPLETION OF CONTRACT TERMS. 2. LACK OF KNOWLEDGE OF GAO AND ITS BID PROTEST PROCEDURES IS INSUFFICIENT BASIS UPON WHICH TO JUSTIFY AN ASSERTION THAT GAO SHOULD CONSIDER AN OTHERWISE UNTIMELY PROTEST.
INDEPENDENT PRODUCTS CO., INC.:
INDEPENDENT PRODUCTS CO., INC. (IPC), PROTESTS THE GENERAL SERVICES ADMINISTRATION (GSA), FEDERAL SUPPLY SERVICE, DECISION TO MEET ITS FEDERAL SUPPLY SCHEDULE REQUIREMENT FOR TYPE I COAT HANGERS BY, ALTERNATIVELY, EITHER PURCHASING BOTH WOODEN AND PLASTIC COAT HANGERS, OR PURCHASING ONLY WOODEN COAT HANGERS, INSTEAD OF PURCHASING THE LEAST COSTLY COAT HANGER MEETING FEDERAL SPECIFICATION RR-H-1102D. IPC ARGUES THAT SINCE BOTH WOODEN AND PLASTIC HANGERS MEET THE FUNCTIONAL REQUIREMENTS OF THE SPECIFICATION, GSA SHOULD ONLY PURCHASE THE LESS COSTLY TYPE OF COAT HANGER TO THE EXCLUSION OF THE OTHER.
WE DISMISS IPC'S PROTEST AS UNTIMELY FILED. THE GSA DECISION TO PURCHASE BOTH TYPES OF HANGERS WAS APPARENTLY MADE IN 1979 AND THE MOST RECENT FEDERAL SUPPLY SCHEDULE CONTRACT, CONTAINING PROVISIONS BASED ON THE GSA DECISION, TERMINATED ON SEPTEMBER 30, 1980. IPC HAS FAILED TO ALLEGE THAT ANY RECENT SOLICITATION IS OBJECTIONABLE ON THE ABOVE STATED BASIS, I.E., PERMITTING SEPARATE AWARDS FOR WOODEN AND PLASTIC COAT HANGERS, OR AN AWARD FOR ONLY WOODEN COAT HANGERS.
OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS AGAINST ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING SHALL BE FILED PRIOR TO BID OPENING. 4 C.F.R. SEC. 21.1(B)(1) (1981). IPC'S PROTEST WAS FILED ON MAY 14, 1982. ALTHOUGH IPC STATES THAT IT ONLY RECENTLY BECAME AWARE OF ITS RIGHT TO PROTEST GSA'S DECISION TO GAO, WE HAVE HELD THAT THE LACK OF KNOWLEDGE OF OUR OFFICE OR OUR BID PROTEST PROCEDURES IS AN INSUFFICIENT BASIS UPON WHICH TO JUSTIFY AN ASSERTION THAT WE SHOULD CONSIDER AN OTHERWISE UNTIMELY PROTEST. SEE CONSTRUCTION ASSOCIATES, INC., B-182267, NOVEMBER 8, 1974, 74-2 CPD 251.
THE PROTEST IS DISMISSED.