B-214050, JAN 23, 1984

B-214050: Jan 23, 1984

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ARE UNDULY RESTRICTIVE. OUR BID PROTEST PROCEDURES PROVIDE THAT A PROTEST ALLEGING IMPROPRIETIES IN AN IFB THAT ARE APPARENT PRIOR TO BID OPENING MUST BE FILED WITH EITHER THE CONTRACTING AGENCY OR THIS OFFICE BEFORE BID OPENING. 4 C.F.R. THE IFB WAS ISSUED ON DECEMBER 2. BIDS WERE OPENED ON JANUARY 3. THE PROTEST TO THIS OFFICE WAS NOT FILED (RECEIVED) UNTIL AFTER BID OPENING. IT IS UNTIMELY AND WILL NOT BE CONSIDERED. THE PROTEST IS DISMISSED.

B-214050, JAN 23, 1984

DIGEST: PROTEST ALLEGING IMPROPRIETIES IN AN IFB APPARENT PRIOR TO BID OPENING MUST BE FILED BEFORE THAT DATE.

DAVLIN PAINT COMPANY:

DAVLIN PAINT COMPANY PROTESTS THAT CERTAIN SPECIFICATION REQUIREMENTS IN INVITATION FOR BIDS (IFB) NO. N61119-84-B-0002, ISSUED BY THE NAVAL SUPPLY DEPOT, GUAM, ARE UNDULY RESTRICTIVE.

OUR BID PROTEST PROCEDURES PROVIDE THAT A PROTEST ALLEGING IMPROPRIETIES IN AN IFB THAT ARE APPARENT PRIOR TO BID OPENING MUST BE FILED WITH EITHER THE CONTRACTING AGENCY OR THIS OFFICE BEFORE BID OPENING. 4 C.F.R. SEC. 21.2(B)(1) (1983). HERE, THE IFB WAS ISSUED ON DECEMBER 2, 1983, AND BIDS WERE OPENED ON JANUARY 3, 1984. THE PROTEST TO THIS OFFICE WAS NOT FILED (RECEIVED) UNTIL AFTER BID OPENING, HOWEVER. THEREFORE, IT IS UNTIMELY AND WILL NOT BE CONSIDERED. SEE GICHNER MOBILE SYSTEMS, B-211664, MAY 19, 1983, 83-1 CPD 538.

THE PROTEST IS DISMISSED.

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