[Protest of Air Force Contract Awards for Conventional Space Power Research]
Highlights
A firm protested two Air Force contract awards for conventional space power research, contending that the Air Force: (1) improperly evaluated the awardees' bids; (2) should have disqualified the awardees' bids, since they failed to comply with the solicitation's technical restrictions; (3) failed to equally weigh and score the bids in accordance with the evaluation criteria; and (4) improperly evaluated its technical proposal and past performance. GAO held that the: (1) Air Force properly evaluated the awardees' bids in accordance with the evaluation criteria; (2) Air Force reasonably accepted the awardees' bids and determined that they complied with the solicitation's technical restrictions; (3) protester was not prejudiced by the Air Force's evaluation error, since it corrected the evaluation error and reevaluated the bids; and (4) Air Force properly evaluated the protester's technical proposal and past performance. Accordingly, the protest was denied.
B-212895.2, JAN 30, 1984
DIGEST: PROTEST CONCERNING ALLEGED SOLICITATION IMPROPRIETIES IS UNTIMELY UNDER GAO BID PROTEST PROCEDURES WHICH REQUIRE PROTESTS BASED UPON ALLEGED SOLICITATION IMPROPRIETIES THAT ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS TO BE FILED BEFORE THAT DATE AND PROTESTS BASED UPON ALLEGED IMPROPRIETIES WHICH DO NOT EXIST IN THE INITIAL SOLICITATION THAT ARE SUBSEQUENTLY INCORPORATED THEREIN TO BE PROTESTED NOT LATER THAN THE NEXT CLOSING DATE FOR RECEIPT OF PROPOSALS.
CANADIAN COMMERCIAL CORPORATION:
CANADIAN COMMERCIAL CORPORATION (CCC) PROTESTS CERTAIN RESTRICTIONS IN REQUEST FOR PROPOSALS (RFP) NO. DLA100-83-R-0588 ISSUED BY THE DEFENSE LOGISTICS AGENCY (DLA).
WE DISMISS THE PROTEST.
OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED UPON ALLEGED SOLICITATION IMPROPRIETIES WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS MUST BE FILED PRIOR TO THAT DATE. 4 C.F.R. SEC. 21.2(B)(1) (1983). ALSO, PROTESTS BASED ON ALLEGED IMPROPRIETIES WHICH DID NOT EXIST IN THE INITIAL SOLICITATION AND ARE SUBSEQUENTLY INCORPORATED THEREIN MUST BE PROTESTED NOT LATER THAN THE NEXT CLOSING DATE FOR RECEIPT OF PROPOSALS FOLLOWING THE INCORPORATION. ID. THE ALLEGEDLY RESTRICTIVE CLAUSES WHICH FORM THE BASIS OF CCC'S PROTEST WERE REINSERTED IN THE RFP BY AMENDMENT DATED OCTOBER 18, 1983, AND THE SUBSEQUENT CLOSING DATE FOR RECEIPT OF OFFERS WAS NOVEMBER 2, 1983. SINCE CCC'S PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL DECEMBER 14, IT WAS NOT TIMELY FILED AND WILL NOT BE CONSIDERED ON THE MERITS. CROWN POINT COACHWORKS AND RD COMPOSITE STRUCTURES; NORTH AMERICAN RACING COMPANY, B-208694, B-208694.2, SEPTEMBER 29, 1983, 83-2 CPD 386.