Consideration of Untimely Protest Regarding Procurement Practices

B-183947: Mar 11, 1976

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The protester objected to a contract award, alleging that the scrap and waste factors included in the solicitation's production schedule were grossly overstated and purposely misleading. Although the protest was untimely, it was considered on its merits since it raised an issue significant to procurement practices or procedures. The allegation that the incumbent contractor and awardee under the procurement knowingly submitted a production plan containing misleading data to gain a competitive advantage was denied since two separate agency audits showed that the data used were substantially correct. However, the data should have been verified prior to inclusion in the solicitation. Since the quantity estimates were not substantially overstated, there was no evidence that the other offeror knew of the protester's original price before it submitted its final offer, and the determination not to obtain cost and pricing data was in accordance with regulations, the claim for proposal preparation costs was not considered.