B-223235, JUN 13, 1986, 86-1 CPD 550
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO BID OPENING/CLOSING DATE FOR PROPOSALS DIGEST: PROTEST CHALLENGING AGENCY'S DECISION TO USE SIMPLIFIED SMALL PURCHASE PROCEDURES IS DISMISSED AS UNTIMELY WHERE PROTEST WAS NOT FILED IN GENERAL ACCOUNTING OFFICE UNTIL MORE THAN 2 MONTHS AFTER DATE SET FOR SUBMISSION OF INITIAL PROPOSALS. ALLEGING THAT THE SOLICITATION WAS IMPROPER BECAUSE THE CONTRACTING AGENCY SHOULD HAVE USED SEALED BIDDING INSTEAD OF NEGOTIATION. A PURCHASE ORDER WAS ISSUED MAY 7. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR SUBMISSION OF PROPOSALS MUST BE FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. 4 C.F.R.
B-223235, JUN 13, 1986, 86-1 CPD 550
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO BID OPENING/CLOSING DATE FOR PROPOSALS DIGEST: PROTEST CHALLENGING AGENCY'S DECISION TO USE SIMPLIFIED SMALL PURCHASE PROCEDURES IS DISMISSED AS UNTIMELY WHERE PROTEST WAS NOT FILED IN GENERAL ACCOUNTING OFFICE UNTIL MORE THAN 2 MONTHS AFTER DATE SET FOR SUBMISSION OF INITIAL PROPOSALS.
MRL, INC.:
MRL, INC., PROTESTS AN AWARD UNDER SOLICITATION NO. DLA400-86-R-4782 /1/, ALLEGING THAT THE SOLICITATION WAS IMPROPER BECAUSE THE CONTRACTING AGENCY SHOULD HAVE USED SEALED BIDDING INSTEAD OF NEGOTIATION. FEDERAL ACQUISITION REGULATION (FAR), 48 C.F.R. PARTS 14 AND 15 (1985).
WE DISMISS THE PROTEST AS UNTIMELY.
THE CONTRACTING AGENCY, THE DEFENSE LOGISTICS AGENCY, ELECTED TO REQUEST QUOTATIONS UTILIZING THE SIMPLIFIED SMALL PURCHASE PROCEDURES. FAR, 48 C.F.R. PART 13 (1985). THE REQUEST FOR QUOTATIONS CLOSED MARCH 17, 1986, AND A PURCHASE ORDER WAS ISSUED MAY 7, 1986.
OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR SUBMISSION OF PROPOSALS MUST BE FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. 4 C.F.R. SEC. 21.2(A)(1) (1986). SINCE THE ALLEGED IMPROPRIETY RELATES TO THE FORM OF THE SOLICITATION AND MRL, INC., DID NOT FILE THE PROTEST UNTIL MAY 30, 1986,-- MORE THAN 2 MONTHS AFTER THE CLOSING DATE-- IT IS UNTIMELY. SEE ARROWHEAD CONSTRUCTION, INC., B-220386, JAN. 8, 1986, 86-1 CPD PARA. 16.
FURTHERMORE, WE ARE NOT CONVINCED THAT THIS PROTEST RAISES AN ISSUE OF SUFFICIENT SIGNIFICANCE TO THE PROCUREMENT SYSTEM TO CONSIDER THE MERITS DESPITE ITS UNTIMELINESS. 4 C.F.R. SEC. 21.2(C) (1986). THE "SIGNIFICANT ISSUE" EXCEPTION IS STRICTLY CONSTRUED AND SELDOM INVOKED. UNIVERSAL DESIGN SYSTEMS INC.-- RECONSIDERATION, B-211547.3, AUG. 16, 1983, 83-2 CPD PARA. 220. IT IS LIMITED TO PROTESTS THAT RAISE ISSUES OF WIDESPREAD INTEREST TO THE PROCUREMENT COMMUNITY AND HAVE NOT BEEN CONSIDERED BEFORE. VYCOR CORP. ET AL., B-213867 ET AL., FEB. 15, 1984, 84-1 CPD PARA. 205.
THE PROTESTER MAKES NO ATTEMPT TO SHOW THAT THIS PROTEST RAISES ISSUES OF WIDESPREAD INTEREST. IN ADDITION, WE HAVE ALREADY CONSIDERED SUBSTANTIALLY THE SAME ISSUE. SEE ARROWHEAD CONSTRUCTION, INC., B-220386, SUPRA; GRADWELL CO., INC., B-216480, FEB. 8, 1985, 85-1 CPD PARA. 166.
THE PROTEST IS DISMISSED.
/1/ THE CONTRACTING AGENCY HAS ADVISED OUR OFFICE THAT THE CORRECT SOLICITATION NUMBER IS DLA400-86-Q-4782.