B-207976, JUL 12, 1982

B-207976: Jul 12, 1982

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DIGEST: COMPLAINT THAT GRANTEE'S SOLICITATION WAS UNDULY RESTRICTIVE OF COMPETITION AND WAS DEFECTIVE BECAUSE IT CONTAINED NO PREFERENCE FOR SMALL BUSINESS AND NO REQUIREMENT FOR AWARD TO THE LOW OFFEROR IS UNTIMELY BECAUSE IT WAS NOT FILED PRIOR TO THE CLOSING DATE SET FOR RECEIPT OF PROPOSALS. THE COMPLAINANT ASSERTS THAT CERTAIN PROVISIONS OF THE RFP WERE UNDULY RESTRICTIVE OF COMPETITION. IT ALSO CONTENDS THAT THE SOLICITATION WAS DEFECTIVE BECAUSE IT CONTAINED NO SMALL BUSINESS PREFERENCE AND DID NOT REQUIRE THAT AWARD BE MADE TO THE LOW OFFEROR. GAO DOES NOT REVIEW COMPLAINTS REGARDING PROCUREMENTS BY FEDERAL GRANTEES WHICH ARE NOT FILED WITHIN A REASONABLE TIME. IT IS APPARENT THAT ITS COMPLAINT IS NOT TIMELY.

B-207976, JUL 12, 1982

DIGEST: COMPLAINT THAT GRANTEE'S SOLICITATION WAS UNDULY RESTRICTIVE OF COMPETITION AND WAS DEFECTIVE BECAUSE IT CONTAINED NO PREFERENCE FOR SMALL BUSINESS AND NO REQUIREMENT FOR AWARD TO THE LOW OFFEROR IS UNTIMELY BECAUSE IT WAS NOT FILED PRIOR TO THE CLOSING DATE SET FOR RECEIPT OF PROPOSALS.

ALASKA VAULT SECURITY, INC.:

ALASKA VAULT SECURITY, INC. COMPLAINS AGAINST THE SELECTION OF LOOMIS ARMORED CAR SERVICES, INC., FOR AWARD UNDER A REQUEST FOR PROPOSALS (RFP) ISSUED BY THE STATE OF ALASKA PURSUANT TO A GRANT ADMINISTERED BY THE DEPARTMENT OF AGRICULTURE.

THE COMPLAINANT ASSERTS THAT CERTAIN PROVISIONS OF THE RFP WERE UNDULY RESTRICTIVE OF COMPETITION. IT ALSO CONTENDS THAT THE SOLICITATION WAS DEFECTIVE BECAUSE IT CONTAINED NO SMALL BUSINESS PREFERENCE AND DID NOT REQUIRE THAT AWARD BE MADE TO THE LOW OFFEROR. WE FIND THESE ALLEGATIONS TO BE UNTIMELY FILED AND DISMISS THE COMPLAINT.

GAO DOES NOT REVIEW COMPLAINTS REGARDING PROCUREMENTS BY FEDERAL GRANTEES WHICH ARE NOT FILED WITHIN A REASONABLE TIME. SEE CARAVELLE INDUSTRIES, INC., B-202099, APRIL 24, 1981, 81-1 CPD 317. IN ORDER TO BE CONSIDERED FILED WITHIN A REASONABLE TIME, A COMPLAINT SUCH AS THIS, BASED ON IMPROPRIETIES APPARENT ON THE FACE OF A GRANTEE SOLICITATION, MUST BE FILED PRIOR TO THE TIME SET FOR RECEIPT OF PROPOSALS. ID. SINCE THE COMPLAINANT INDICATES THAT THE AWARD SELECTION HAS ALREADY BEEN MADE HERE, IT IS APPARENT THAT ITS COMPLAINT IS NOT TIMELY.

THE COMPLAINT IS DISMISSED.