B-210304, FEB 7, 1983

B-210304: Feb 7, 1983

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PROTEST FILED AFTER BID OPENING AGAINST CONTRACTING AGENCY FAILURE TO EXTEND BID OPENING DUE TO PROTESTER'S APPEAL OF SMALL BUSINESS SIZE STANDARD IN INVITATION TO SIZE APPEALS BOARD IS UNTIMELY AND NOT FOR CONSIDERATION. 2. SIZE APPEALS BOARD RULING WHICH IS RECEIVED BY CONTRACTING AGENCY AFTER BID OPENING APPLIES ONLY TO FUTURE ACQUISITIONS. 3. PROTESTER'S REQUEST FOR CONFERENCE ON PROTEST IS DENIED SINCE CONFERENCE WOULD SERVE NO USEFUL PURPOSE. N62470-82-B- 3938 SHOULD HAVE BEEN EXTENDED BECAUSE OF DYNETERIA'S PRE BID-OPENING APPEAL OF THE SMALL BUSINESS SIZE STANDARD IN THE IFB TO THE SMALL BUSINESS SIZE APPEALS BOARD AND THAT AN AWARD SHOULD BE DELAYED UNTIL THE SIZE APPEALS BOARD RENDERS A DECISION.

B-210304, FEB 7, 1983

DIGEST: 1. PROTEST FILED AFTER BID OPENING AGAINST CONTRACTING AGENCY FAILURE TO EXTEND BID OPENING DUE TO PROTESTER'S APPEAL OF SMALL BUSINESS SIZE STANDARD IN INVITATION TO SIZE APPEALS BOARD IS UNTIMELY AND NOT FOR CONSIDERATION. 2. SIZE APPEALS BOARD RULING WHICH IS RECEIVED BY CONTRACTING AGENCY AFTER BID OPENING APPLIES ONLY TO FUTURE ACQUISITIONS. 3. PROTESTER'S REQUEST FOR CONFERENCE ON PROTEST IS DENIED SINCE CONFERENCE WOULD SERVE NO USEFUL PURPOSE.

DYNETERIA, INC.:

DYNETERIA, INC., PROTESTS AFTER BID OPENING THAT THE BID OPENING ON NAVAL AMPHIBIOUS BASE (LITTLE CREEK) INVITATION FOR BIDS (IFB) NO. N62470-82-B- 3938 SHOULD HAVE BEEN EXTENDED BECAUSE OF DYNETERIA'S PRE BID-OPENING APPEAL OF THE SMALL BUSINESS SIZE STANDARD IN THE IFB TO THE SMALL BUSINESS SIZE APPEALS BOARD AND THAT AN AWARD SHOULD BE DELAYED UNTIL THE SIZE APPEALS BOARD RENDERS A DECISION.

A PROTEST AGAINST AN IFB BID OPENING TIME FILED AFTER BID OPENING IS UNTIMELY AND NOT FOR CONSIDERATION. SIGMA CONSULTANTS, INC., MAY 14, 1979, 79-1 CPD 350; ENVIRONMENTAL TECTONICS CORPORATION, B-193108, FEBRUARY 15, 1979, 79-1 CPD 113; BILL CONKLIN ASSOCIATES, INC., B-191148, FEBRUARY 17, 1978, 78-1 CPD 144.

FURTHER, DEFENSE ACQUISITION REGULATION SEC. 1-703(C)(3) (1976 ED.) PROVIDES THAT A SIZE APPEALS BOARD RULING WHICH IS RECEIVED BY THE CONTRACTING AGENCY AFTER BID OPENING SHALL NOT APPLY TO THE CURRENT ACQUISITION, BUT ONLY TO FUTURE ACQUISITIONS.

ACCORDINGLY, WE DISMISS THE PROTEST.

DYNETERIA'S REQUEST FOR A CONFERENCE ON THE PROTEST IS DENIED SINCE, IN LIGHT OF THE ABOVE, IT WOULD SERVE NO USEFUL PURPOSE. GATEWAY WAREHOUSE SERVICES CORP., B-208350, AUGUST 17, 1982, 82-2 CPD 141.