B-211245, APR 13, 1983
Highlights
DIGEST: PROTEST AGAINST AMBIGUOUS SPECIFICATIONS THAT WERE APPARENT FROM CONTRACTING AGENCY'S REQUEST FOR PRICES IS DISMISSED AS UNTIMELY BECAUSE FILED AFTER THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. SSI CONTENDS THAT THE SPECIFICATIONS ARE AMBIGUOUS BECAUSE THE ARMY FAILED TO SPECIFY SHELVING DEPTH. THE PROTESTER'S LETTER TO OUR OFFICE WAS RECEIVED ON MARCH 25. APPENDED TO THAT LETTER IS THE LETTER FROM THE ARMY DATED FEBRUARY 15. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. 4 C.F.R.
B-211245, APR 13, 1983
DIGEST: PROTEST AGAINST AMBIGUOUS SPECIFICATIONS THAT WERE APPARENT FROM CONTRACTING AGENCY'S REQUEST FOR PRICES IS DISMISSED AS UNTIMELY BECAUSE FILED AFTER THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS.
SPACESAVER SYSTEMS, INC.:
SPACESAVER SYSTEMS, INC. (SSI), PROTESTS AGAINST THE SPECIFICATIONS THE DEPARTMENT OF THE ARMY, WALTER REED ARMY MEDICAL CENTER, PROVIDED IN A REQUEST FOR PRICES TO FURNISH AND INSTALL A MOVABLE COMPACT SHELVING SYSTEM, UNDER FEDERAL SUPPLY SCHEDULE NO. 71-III-J. SSI CONTENDS THAT THE SPECIFICATIONS ARE AMBIGUOUS BECAUSE THE ARMY FAILED TO SPECIFY SHELVING DEPTH.
WE DISMISS THE PROTEST AS UNTIMELY ON THE BASIS OF THE PROTESTER'S SUBMISSIONS.
THE PROTESTER'S LETTER TO OUR OFFICE WAS RECEIVED ON MARCH 25, 1983. APPENDED TO THAT LETTER IS THE LETTER FROM THE ARMY DATED FEBRUARY 15, 1983, THAT REQUESTED PRICES. THE ARMY'S LETTER SPECIFIED THAT THE CLOSING DATE FOR RECEIPT OF OFFERS WOULD BE MARCH 4, 1983. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. 4 C.F.R. SEC. 21.2(B)(1) (1982). SINCE THE PROTESTER'S ALLEGATIONS ARE APPARENT FROM THE ARMY'S FEBRUARY 15 LETTER, THE PROTEST FILED AFTER THE CLOSING DATE IS UNTIMELY.
THEREFORE, WE DISMISS THE PROTEST.