B-217527, JAN 17, 1985, 85-1 CPD 51

B-217527: Jan 17, 1985

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PROTEST ALLEGING IMPROPRIETIES IN AN INVITATION FOR BIDS IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS WHERE NOT FILED WITH GAO PRIOR TO BID OPENING. PROTEST AGAINST EQUIPMENT BEING REJECTED AS UNACCEPTABLE UNDER A CONTRACT IS NOT COGNIZABLE UNDER BID PROTEST PROCEDURES. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS ALLEGING IMPROPRIETIES IN AN INVITATION FOR BIDS (IFB) WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING. 4 C.F.R. THE IFB UPON WHICH THE CONTRACT IS BASED INCLUDED THE PROTESTED SPECIFICATIONS. IT WAS REQUIRED TO PROTEST ON THIS GROUND PRIOR TO THE OPENING OF BIDS ON APRIL 5. SINCE SELLERS' PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL JANUARY 7. THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.

B-217527, JAN 17, 1985, 85-1 CPD 51

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO BID OPENING/CLOSING DATE FOR PROPOSALS DIGEST: 1. PROTEST ALLEGING IMPROPRIETIES IN AN INVITATION FOR BIDS IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS WHERE NOT FILED WITH GAO PRIOR TO BID OPENING. PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO 2. PROTEST AGAINST EQUIPMENT BEING REJECTED AS UNACCEPTABLE UNDER A CONTRACT IS NOT COGNIZABLE UNDER BID PROTEST PROCEDURES.

SELLERS ENGINEERING CO.:

SELLERS ENGINEERING CO. (SELLERS) PROTESTS THE SPECIFICATIONS IN CONTRACT NO. DACA05-84-C-0123 AWARDED BY THE UNITED STATES ARMY CORPS OF ENGINEERS.

WE DISMISS THE PROTEST.

OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS ALLEGING IMPROPRIETIES IN AN INVITATION FOR BIDS (IFB) WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING. 4 C.F.R. SECS. 21.2(B)(1) (1984). HERE, THE IFB UPON WHICH THE CONTRACT IS BASED INCLUDED THE PROTESTED SPECIFICATIONS. IF SELLERS BELIEVED THESE SPECIFICATIONS TO BE IMPROPER, IT WAS REQUIRED TO PROTEST ON THIS GROUND PRIOR TO THE OPENING OF BIDS ON APRIL 5, 1984. SINCE SELLERS' PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL JANUARY 7, 1985, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS. T. L. GARDEN & ASSOCIATES, INC., B-216318, SEPT. 28, 1984, 84-2 CPD PARA. 368.

TO THE EXTENT THAT SELLERS IS COMPLAINING THAT ITS EQUIPMENT WAS REJECTED AS UNACCEPTABLE UNDER THE CONTRACT, THAT IS A MATTER OF CONTRACT ADMINISTRATION NOT COGNIZABLE UNDER THE BID PROTEST PROCEDURES. ITC INTERNATIONAL - DISTRIBUTION AND CONTROL DIVISION, B-215901, AUG. 14, 1984, 84-2 CPD PARA. 180.