B-213922, JAN 9, 1984

B-213922: Jan 9, 1984

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DIGEST: PROTEST AGAINST AGENCY FAILURE TO INCLUDE SOFTWARE CONVERSION COSTS IN REQUEST FOR PROPOSALS' COST EVALUATION IS UNTIMELY WHEN FILED AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS. THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS OCTOBER 6. THE PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL DECEMBER 13. THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.

B-213922, JAN 9, 1984

DIGEST: PROTEST AGAINST AGENCY FAILURE TO INCLUDE SOFTWARE CONVERSION COSTS IN REQUEST FOR PROPOSALS' COST EVALUATION IS UNTIMELY WHEN FILED AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS.

COMPUSERVE:

COMPUSERVE PROTESTS THE INTERSTATE COMMERCE COMMISSION'S FAILURE TO INCLUDE SOFTWARE CONVERSION COSTS AS PART OF THE COST EVALUATION UNDER REQUEST FOR PROPOSALS (RFP) ICC-83-R-0008.

WE DISMISS THE PROTEST.

OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST BASED UPON ALLEGED IMPROPRIETIES IN AN RFP BE FILED BEFORE THE CLOSING DATE FOR RECEIPT OF PROPOSALS. 4 C.F.R. SEC. 21.2(B)(1) (1983). FOR PROTESTS FILED WITH US, THE TERM "FILED" MEANS RECEIPT IN OUR OFFICE. SHELL COMPUTER SYSTEMS, INC., B-203986, JULY 23, 1981, 81-2 CPD 58. THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS OCTOBER 6, 1983, BUT THE PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL DECEMBER 13, 1983. THEREFORE, THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.