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B-228835.2, SEP 16, 1987, 87-2 CPD 262

B-228835.2 Sep 16, 1987
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Highlights

PROCUREMENT - Bid Protest - GAO procedures - Protest timeliness - Apparent solicitation improprieties DIGEST: A protest that is based on alleged improprieties in an IFB that were apparent from the face of the solicitation is untimely if the detailed statement of the legal and factual grounds of protest is not filed until after bid opening. Were unduly restrictive. A protest that is based on alleged improprieties in an IFB that were apparent from the face of the solicitation is untimely if filed after bid opening. 4 C.F.R. Bid opening for this solicitation was August 21. Noble Pine's detailed statement of its grounds of protest was not filed in our Office until August 28. The request for reconsideration therefore is dismissed.

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B-228835.2, SEP 16, 1987, 87-2 CPD 262

PROCUREMENT - Bid Protest - GAO procedures - Protest timeliness - Apparent solicitation improprieties DIGEST: A protest that is based on alleged improprieties in an IFB that were apparent from the face of the solicitation is untimely if the detailed statement of the legal and factual grounds of protest is not filed until after bid opening.

Noble Pine Products Co.-- Reconsideration:

Noble Pine Products Co. requests reconsideration of our August 26, 1987, dismissal of the firm's protest that the specifications in invitation for bids (IFB) No. DLA120-87-B-1337, issued by the Defense Logistics Agency for skin lotion, were unduly restrictive. We dismissed the protest because it did not set forth a detailed statement of the legal and factual grounds of protest and did not include copies of relevant supporting documents, as required by our Bid Protest Regulations. See 4 C.F.R. Sec. 21.1(c)(4) (1987). Noble Pine requests that we reconsider based on a subsequently furnished detailed statement of protest to our Office.

A protest that is based on alleged improprieties in an IFB that were apparent from the face of the solicitation is untimely if filed after bid opening. 4 C.F.R. Sec. 21.2(a)(1). Bid opening for this solicitation was August 21, 1987, but Noble Pine's detailed statement of its grounds of protest was not filed in our Office until August 28. The request for reconsideration therefore is dismissed.

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