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B-185414, DEC 19, 1975

B-185414 Dec 19, 1975
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ITS PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION. INC.: THIS IS A PROTEST BY INTERNATIONAL ENGINEERS. IEI CONTENDS THAT THE TECHNICAL SPECIFICATIONS WERE RESTRICTIVE AND. TRUE COMPETITIVE BIDDING WAS NOT PERMITTED. WE HAVE BEEN INFORMALLY ADVISED THAT BIDS WERE OPENED ON OCTOBER 14. PROVIDES THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN SOLICITATIONS WHICH ARE APPARENT PRIOR TO BID OPENING SHALL BE FILED PRIOR TO BID OPENING. IEI'S PROTEST WAS RECEIVED IN OUR OFFICE ON NOVEMBER 20. THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED BY OUR OFFICE.

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B-185414, DEC 19, 1975

SINCE PROTESTER DID NOT PROTEST ALLEGEDLY RESTRICTIVE IFB SPECIFICATIONS PRIOR TO BID OPENING, ITS PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION.

INTERNATIONAL ENGINEERS, INC.:

THIS IS A PROTEST BY INTERNATIONAL ENGINEERS, INC. (IEI), AGAINST THE AWARD OF A CONTRACT TO RADAR ELECTRIC COMPANY, INC. (RADAR), UNDER INVITATION FOR BIDS (IFB) NO. NASO 6-35218, ISSUED BY THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA), SEATTLE, WASHINGTON. IEI CONTENDS THAT THE TECHNICAL SPECIFICATIONS WERE RESTRICTIVE AND, THEREFORE, TRUE COMPETITIVE BIDDING WAS NOT PERMITTED.

WE HAVE BEEN INFORMALLY ADVISED THAT BIDS WERE OPENED ON OCTOBER 14, 1975. SECTION 20.2(B)(1) OF OUR BID PROTEST PROCEDURES, 40 FED. REG. 17979 (1975), PROVIDES THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN SOLICITATIONS WHICH ARE APPARENT PRIOR TO BID OPENING SHALL BE FILED PRIOR TO BID OPENING. IEI'S PROTEST WAS RECEIVED IN OUR OFFICE ON NOVEMBER 20, 1975. THEREFORE, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED BY OUR OFFICE.

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