[Protest of Treasury Rejection of Bid for Shredding Machine]
Highlights
A firm protested the Department of the Treasury's rejection of its bid for a shredding machine, contending that the Treasury: (1) improperly eliminated its bid from the competitive range; and (2) failed to hold meaningful discussions with it regarding apparent deficiencies in its technical proposal. GAO held that the Treasury: (1) properly eliminated the protester's bid from the competitive range, since its bid was technically unacceptable; and (2) was not required to hold discussions with the protester, since its bid would require significant revision to be made acceptable. Accordingly, the protest was denied.
B-216436, OCT 22, 1984, 84-2 CPD 435
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - ADVERSE AGENCY ACTION EFFECT DIGEST: PROTEST FILED MORE THAN 10 WORKING DAYS AFTER THE PROTESTER LEARNED OF THE DENIAL OF AN AGENCY-LEVEL PROTEST IS UNTIMELY.
BELL & HOWELL COMPANY:
BELL & HOWELL COMPANY PROTESTS REQUEST FOR PROPOSALS (RFP) 8-4-4-22 45005 ISSUED BY THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA) FOR MICROFICHE PROCESSING SYSTEMS. BELL & HOWELL OBJECTS TO NASA'S DECISION TO REQUIRE AN AUTOMATED FORMS OVERLAY FEATURE THAT THE PROTESTER SAYS IS AVAILABLE FROM ONLY THE MANUFACTURER.
WE DISMISS THE PROTEST, FILED WITH OUR OFFICE ON SEPTEMBER 17, 1984, AS UNTIMELY BECAUSE IT WAS NOT FILED WITHIN 10 WORKING DAYS AFTER BELL & HOWELL LEARNED OF INITIAL ADVERSE ACTION BY NASA WITH RESPECT TO AN EARLIER BELL & HOWELL AGENCY-LEVEL PROTEST CONCERNING THE SAME SUBJECT.
IN DISPOSING OF BELL & HOWELL'S INITIAL PROTEST, NASA WROTE THE FIRM, CLEARLY STATING NASA'S REASONS FOR REQUIRING AN AUTOMATIC FORMS OVERLAY CAPABLE OF PROCESSING AT LEAST FIVE PRE-RECORDED FORMS. NASA'S LETTER STATES:
"THE FORMS OVERLAYS FEATURE IS NECESSARY TO SUPPORT NASA'S HEAVY FORMS WORKLOAD REQUIREMENTS. ... THE ACTIVITY'S COMPUTER COMPLEX PROVIDES AROUND-THE-CLOCK COMPUTATIONAL SUPPORT FOR INSTITUTIONAL , SCIENTIFIC, AND ENGINEERING APPLICATIONS. ... THE GENERATION OF DATA PRODUCTS REQUIRES EXTENSIVE PARALLEL PROCESSING. ... BOTH THE SCIENTIFIC AND INSTITUTIONAL APPLICATIONS REQUIRE RAPID ERROR-FREE SELECTION OF FORMS OVERLAYS. THIS DYNAMIC PRODUCTION ENVIRONMENT, WHICH REQUIRES FREQUENT FORMS CHANGES, DICTATES THAT OPERATOR INTERVENTION TO SELECT AND CHANGE FORMS OVERLAYS BE MINIMIZED TO AVOID DELAYS AND INCREASED COSTS DUE TO OPERATOR ERROR.
NASA'S LETTER TO BELL & HOWELL IS DATED AUGUST 3, 1984, SEVERAL WEEKS BEFORE BELL & HOWELL FILED ITS PROTEST WITH OUR OFFICE. SECTION 21.2(A) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1984), PROVIDES FOR CONSIDERATION OF A COMPLAINT FILED ORIGINALLY AT THE AGENCY-LEVEL ONLY IF A SUBSEQUENT PROTEST IS FILED WITH OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE PROTESTER OBTAINS KNOWLEDGE OF INITIAL ADVERSE ACTION REGARDING THE AGENCY-LEVEL COMPLAINT. IT IS APPARENT THAT BELL & HOWELL'S SEPTEMBER 17 FILING WITH OUR OFFICE WAS NOT WITHIN THE REQUIRED 10-DAY PERIOD.
THE PROTEST IS DISMISSED