B-214991, MAY 22, 1984

B-214991: May 22, 1984

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DIGEST: PROTEST AGAINST DEFECTIVE SPECIFICATIONS IS DISMISSED AS UNTIMELY WHEN NOT RECEIVED BY CONTRACTING AGENCY OR GAO PRIOR TO THE TIME SET FOR BID OPENING. AERO ALLEGES THAT THE SPECIFICATIONS IN THE IFB ARE DEFECTIVE. THIS CONTENTION CONCERNS AN IMPROPRIETY IN THE SOLICITATION WHICH WAS APPARENT PRIOR TO BID OPENING AND WAS REQUIRED TO BE SUBMITTED TO THE ARMY OR THIS OFFICE PRIOR TO NOVEMBER 30. AERO'S PROTEST IS UNTIMELY AND WE WILL NOT CONSIDER IT ON THE MERITS. THE PROTEST IS DISMISSED.

B-214991, MAY 22, 1984

DIGEST: PROTEST AGAINST DEFECTIVE SPECIFICATIONS IS DISMISSED AS UNTIMELY WHEN NOT RECEIVED BY CONTRACTING AGENCY OR GAO PRIOR TO THE TIME SET FOR BID OPENING.

GENERAL AERO PRODUCTS CORP.:

GENERAL AERO PRODUCTS CORP. (AERO) PROTESTS THE AWARD OF ANY CONTRACT UNDER DEPARTMENT OF THE ARMY (ARMY) INVITATION FOR BIDS (IFB) NO. DAAJ09- 83-B-A885.

AERO ALLEGES THAT THE SPECIFICATIONS IN THE IFB ARE DEFECTIVE. THIS CONTENTION CONCERNS AN IMPROPRIETY IN THE SOLICITATION WHICH WAS APPARENT PRIOR TO BID OPENING AND WAS REQUIRED TO BE SUBMITTED TO THE ARMY OR THIS OFFICE PRIOR TO NOVEMBER 30, 1983, THE DATE SET FOR BID OPENING. 4 C.F.R. SEC. 21.2B(1)(2) (1983).

AERO DID NOT SUBMIT A PROTEST TO THE ARMY UNTIL DECEMBER 2, 1983. OUR OFFICE RECEIVED THE PROTEST ON APRIL 18, 1984. CONSEQUENTLY, AERO'S PROTEST IS UNTIMELY AND WE WILL NOT CONSIDER IT ON THE MERITS. SEE EATON CORPORATION, B-212571, AUGUST 25, 1983, 83-2 CPD 254.

THE PROTEST IS DISMISSED.