B-215330, JUN 19, 1984
Highlights
DIGEST: PROTEST AGAINST ALLEGED DEFECT IN SOLICITATION FILED AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY. THE RFP WAS ISSUED MARCH 30. THE PROTESTER CONTENDS THAT THIS PROJECT SHOULD HAVE BEEN FORMALLY ADVERTISED RATHER THAN NEGOTIATED. OUR BID PROTEST PROCEDURES REQUIRE PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS TO BE FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS. 4 C.F.R. THE EXTENDED CLOSING DATE FOR RECEIPT OF PROPOSALS WAS MAY 2. THE PROTEST WAS NOT FILED (I.E. SINCE THIS PROTEST CONCERNS AN ALLEGED DEFECT IN THE SOLICITATION WHICH WAS APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS.
B-215330, JUN 19, 1984
DIGEST: PROTEST AGAINST ALLEGED DEFECT IN SOLICITATION FILED AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY.
LIST & CLARK CONSTRUCTION CO.:
LIST & CLARK CONSTRUCTION CO. PROTESTS THE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) NO. DACW41-84-R-0129, ISSUED BY THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, KANSAS CITY DISTRICT. THE RFP WAS ISSUED MARCH 30, 1984, FOR EMERGENCY REPAIRS. THE PROTESTER CONTENDS THAT THIS PROJECT SHOULD HAVE BEEN FORMALLY ADVERTISED RATHER THAN NEGOTIATED.
WE DISMISS THE PROTEST.
OUR BID PROTEST PROCEDURES REQUIRE PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS TO BE FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS. 4 C.F.R. SEC. 21.2(B)(1) (1983); PITNEY BOWES, INC., B-200016, DECEMBER 30, 1980, 80-2 CPD 448. THE EXTENDED CLOSING DATE FOR RECEIPT OF PROPOSALS WAS MAY 2, 1984, BUT THE PROTEST WAS NOT FILED (I.E., RECEIVED) HERE UNTIL MAY 23, 1984. SINCE THIS PROTEST CONCERNS AN ALLEGED DEFECT IN THE SOLICITATION WHICH WAS APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS, BUT WAS FILED AFTER THE CLOSING DATE, IT IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.