B-225499, DEC 2, 1986, 86-2 CPD 632

B-225499: Dec 2, 1986

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PROTEST AGAINST CANCELLATION OF SOLICITATION WHICH IS NOT RECEIVED BY GENERAL ACCOUNTING OFFICE WITHIN 10 WORKING DAYS AFTER PROTESTER RECEIVED NOTIFICATION THAT SOLICITATION HAD BEEN CANCELED IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS. PROTEST THAT SPECIFICATIONS IN REQUEST FOR PROPOSALS UNDULY RESTRICT COMPETITION IS DISMISSED AS UNTIMELY WHEN NOT FILED BEFORE THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS. BOTH SOLICITATIONS WERE ISSUED BY THE NATIONAL SCIENTIFIC BALLOON FACILITY (NSBF). BOTH WERE CONSIDERED TECHNICALLY ACCEPTABLE AND BOTH FIRMS WERE REQUESTED TO SUBMIT BEST AND FINAL OFFERS (BAFO). NSBF NOTIFIED SYNERGETICS THAT THE AWARD AND RFP 065 WERE CANCELED. WAS BEING ISSUED TO PROCURE THE SYSTEM.

B-225499, DEC 2, 1986, 86-2 CPD 632

PROCUREMENT - BID PROTEST - GAO PROCEDURES - PROTEST TIMELINESS - 10 DAY RULE DIGEST: 1. PROTEST AGAINST CANCELLATION OF SOLICITATION WHICH IS NOT RECEIVED BY GENERAL ACCOUNTING OFFICE WITHIN 10 WORKING DAYS AFTER PROTESTER RECEIVED NOTIFICATION THAT SOLICITATION HAD BEEN CANCELED IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS. PROCUREMENT - BID PROTEST - GAO PROCEDURES - PROTEST TIMELINESS - APPARENT SOLICITATION IMPROPRIETIES 2. PROTEST THAT SPECIFICATIONS IN REQUEST FOR PROPOSALS UNDULY RESTRICT COMPETITION IS DISMISSED AS UNTIMELY WHEN NOT FILED BEFORE THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS.

SYNERGETICS INTERNATIONAL, INC.:

SYNERGETICS INTERNATIONAL, INC., PROTESTS THE CANCELLATION OF REQUEST FOR PROPOSALS (RFP) NO. P-065-86 (065), AND THAT THE SPECIFICATIONS IN REPLACEMENT RFP NO. P-071-87 (071) UNDULY RESTRICT COMPETITION. BOTH SOLICITATIONS WERE ISSUED BY THE NATIONAL SCIENTIFIC BALLOON FACILITY (NSBF). WE DISMISS THE PROTEST AS UNTIMELY FILED. /1/

NSBF ISSUED RFP 065 ON SEPTEMBER 10, 1986, TO PROCURE A SATELLITE DATA SYSTEM. SYNERGETICS AND SUTRON CORPORATION SUBMITTED PROPOSALS. BOTH WERE CONSIDERED TECHNICALLY ACCEPTABLE AND BOTH FIRMS WERE REQUESTED TO SUBMIT BEST AND FINAL OFFERS (BAFO). AFTER EVALUATING THE BAFOS, THE FACILITY AWARDED THE CONTRACT TO SUTRON DESPITE THE FACT THAT SUTRON PROPOSED TO SUPPLY THE SYSTEM FOR $35,500 WHEREAS SYNERGETICS OFFERED TO SUPPLY IT FOR $33,860. SYNERGETICS LEARNED OF THE AWARD TO SUTRON ON OCTOBER 15.

ON OCTOBER 30, NSBF NOTIFIED SYNERGETICS THAT THE AWARD AND RFP 065 WERE CANCELED, AND THAT REPLACEMENT RFP 071, WITH REVISED TECHNICAL SPECIFICATIONS, WAS BEING ISSUED TO PROCURE THE SYSTEM, WITH PROPOSALS DUE ON NOVEMBER 7.

THE PROTESTER APPROVES THE TERMINATION OF SUTRON'S CONTRACT, BUT ARGUES THAT INSTEAD OF CANCELING RFP 065, NSBF SHOULD HAVE AWARDED A CONTRACT TO SYNERGETICS BASED ON THE FIRM'S LOW-PRICED TECHNICALLY ACCEPTABLE OFFER. SYNERGETICS FURTHER COMPLAINS THAT THE SPECIFICATIONS IN RFP 071 ARE WRITTEN AROUND SUTRON'S EQUIPMENT AND THEREFORE IMPROPERLY RESTRICT COMPETITION.

WE WILL NOT CONSIDER SYNERGETICS' PROTEST OF THE CANCELLATION OF RFP 065. UNDER OUR BID PROTEST REGULATIONS, A PROTEST THAT INVOLVES OTHER THAN APPARENT SOLICITATION IMPROPRIETIES MUST BE FILED WITH OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE PROTESTER KNOWS OR SHOULD KNOW THE PROTEST BASIS. 4 C.F.R. SEC. 21.2(A)(2) (1986). SINCE SYNERGETICS RECEIVED NOTICE THAT RFP 065 WAS CANCELED ON OCTOBER 30, THE PROTEST AGAINST THE CANCELLATION, NOT FILED HERE UNTIL NOVEMBER 20, IS UNTIMELY. GERARD CHIMNEY CO., B-212065, AUG. 15, 1983, 83-2 CPD PARA. 212.

WE WILL NOT CONSIDER SYNERGETICS' OTHER PROTEST ISSUE EITHER. UNDER OUR REGULATIONS, A PROTEST BASED UPON ALLEGED IMPROPRIETIES THAT ARE APPARENT FROM THE FACE OF AN RFP MUST BE FILED BEFORE INITIAL PROPOSALS ARE DUE. C.F.R. SEC. 21.2(A)(1). CONSEQUENTLY, SYNERGETICS' PROTEST THAT THE SPECIFICATIONS IN RFP 071 ARE UNDULY RESTRICTIVE IS UNTIMELY SINCE IT WAS NOT FILED UNTIL NOVEMBER 20, AFTER THE NOVEMBER 7 CLOSING DATE FOR THE RECEIPT OF PROPOSALS. ABBOTT PRODUCTS, INC., B-221560, JAN. 15, 1986, 86-1 CPD PARA. 52.

THE PROTEST IS DISMISSED.

/1/ THE NATIONAL SCIENTIFIC BALLOON FACILITY IS RUN ON BEHALF OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) BY THE UNIVERSITY CORPORATION FOR ATMOSPHERIC RESEARCH, UNDER A CONTRACT WITH NASA. ALTHOUGH IT IS NOT CLEAR FROM SYNERGETICS' SUBMISSION WHETHER THE SUBCONTRACT IS BY OR FOR THE GOVERNMENT, SO THAT OUR OFFICE WOULD TAKE JURISDICTION OVER THE MATTER, SEE 4 C.F.R. SEC. 21.3(F)(10) (1986), WE NEED NOT REACH THIS ISSUE SINCE THE PROTEST IS UNTIMELY.