B-200156, NOV 19, 1980

B-200156: Nov 19, 1980

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DIGEST: PROTEST ALLEGING INADEQUATE SPECIFICATIONS (FAILURE TO ADEQUATELY IDENTIFY WORK AREAS) WHICH IS FILED AFTER BID OPENING IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED ON ALLEGED SPECIFICATION DEFICIENCIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING. 4 C.F.R. BIDS FOR THE INSTANT CONTRACT WERE OPENED ON AUGUST 27. BECAUSE THE DEFICIENCY COMPLAINED OF IS APPARENT ON THE FACE OF THE SOLICITATION AND THE PROTEST WAS NOT RECEIVED PRIOR TO BID OPENING. THE PROTEST IS UNTIMELY. THE PROTEST IS DISMISSED.

B-200156, NOV 19, 1980

DIGEST: PROTEST ALLEGING INADEQUATE SPECIFICATIONS (FAILURE TO ADEQUATELY IDENTIFY WORK AREAS) WHICH IS FILED AFTER BID OPENING IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS.

RIDGE RUNNER TIMBER SERVICE, INC.:

RIDGE RUNNER TIMBER SERVICE, INC. (RIDGE RUNNER), PROTESTS THE AWARD OF A CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. R6-18-80-94, ISSUED BY THE DEPARTMENT OF AGRICULTURE, FOREST SERVICE, TO HARVEST SEED CONES IN THE WILLAMETTE NATIONAL FOREST, OAKRIDGE, OREGON. RIDGE RUNNER CONTENDS THAT THE SOLICITATION FAILS TO ADEQUATELY IDENTIFY THE SPECIFIC WORK AREAS AND THAT THIS DEFICIENCY PREVENTED IT FROM FORMULATING A RESPONSIVE AND COMPETITIVE BID.

OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED ON ALLEGED SPECIFICATION DEFICIENCIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING. 4 C.F.R. SEC. 20.2(B)(1) (1980). BIDS FOR THE INSTANT CONTRACT WERE OPENED ON AUGUST 27, 1980, AT 11 A.M., AND RIDGE RUNNER PROTESTED, ORALLY AND THEN IN WRITING, TO THE AGENCY LATER THAT DAY. BECAUSE THE DEFICIENCY COMPLAINED OF IS APPARENT ON THE FACE OF THE SOLICITATION AND THE PROTEST WAS NOT RECEIVED PRIOR TO BID OPENING, THE PROTEST IS UNTIMELY. GIBSON & CUSHMAN DREDGING CORPORATION, B-194902, FEBRUARY 12, 1980, 80-1 CPD 122.

ACCORDINGLY, THE PROTEST IS DISMISSED.