Protest of Alleged Solicitation Defect

B-206533: Jun 1, 1982

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A firm protested the award of any contract under an invitation for bids issued by the Army Corps of Engineers for construction of a munitions storage facility. The protester contended that the solicitation was improper, because it provided that bids from bidders which are not licensees under the required patent number should be evaluated by adding an amount equal to that which the United States is obligated to pay as a licensee under the patent. Bid protest procedures require that protests based upon alleged improprieties in a solicitation, which are apparent before bid opening, be filed prior to that time. The protest was not filed until the day after bid opening; therefore, the bid was untimely and not for consideration. Accordingly, the protest was dismissed.

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