B-191994, JUN 12, 1978
Highlights
DIGEST: PROTEST NOT FILED WITH PROCURING ACTIVITY OR GAO WITHIN 10 DAYS AFTER BASIS OF PROTEST (CANCELLATION OF SOLICITATION AND RESOLICITATION AFTER OFFERED PRICE WAS MATTER OF PUBLIC RECORD) WAS KNOWN IS UNTIMELY UNDER BID PROTEST PROCEDURES. UNDER STEP ONE NEGOTIATIONS WERE CONDUCTED WITH THE OFFERORS TO OBTAIN COMPLETE COMPLIANCE WITH THE SPECIFICATIONS. LAMSON DIVISION (LAMSON) WAS NOTIFIED THAT ITS PROPOSAL WAS TECHNICALLY ACCEPTABLE AND WAS REQUESTED TO SUBMIT BID PRICES UNDER STEP TWO. THE PRICE QUOTED WAS MADE SUBJECT TO ACCEPTANCE OF THE CONDITIONS CONTAINED IN ATTACHMENT A OF ITS BID. LAMSON WAS ATTEMPTING TO AMEND THE SPECIFICATIONS WHICH IT PREVIOUSLY HAD ACCEPTED. THE AIR FORCE DETERMINED THAT LAMSON'S BID WAS NONRESPONSIVE.
B-191994, JUN 12, 1978
DIGEST: PROTEST NOT FILED WITH PROCURING ACTIVITY OR GAO WITHIN 10 DAYS AFTER BASIS OF PROTEST (CANCELLATION OF SOLICITATION AND RESOLICITATION AFTER OFFERED PRICE WAS MATTER OF PUBLIC RECORD) WAS KNOWN IS UNTIMELY UNDER BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(B)(2) (1977), AND NOT FOR CONSIDERATION ON MERITS.
LAMSON DIVISION:
WARNER ROBBINS AIR FORCE BASE (AIR FORCE) ISSUED A TWO-STEP PROCUREMENT FOR A PNEUMATIC TUBE DELIVERY SYSTEM. UNDER STEP ONE NEGOTIATIONS WERE CONDUCTED WITH THE OFFERORS TO OBTAIN COMPLETE COMPLIANCE WITH THE SPECIFICATIONS. LAMSON DIVISION (LAMSON) WAS NOTIFIED THAT ITS PROPOSAL WAS TECHNICALLY ACCEPTABLE AND WAS REQUESTED TO SUBMIT BID PRICES UNDER STEP TWO. LAMSON SUBMITTED ITS PRICE, BUT THE PRICE QUOTED WAS MADE SUBJECT TO ACCEPTANCE OF THE CONDITIONS CONTAINED IN ATTACHMENT A OF ITS BID. THE AIR FORCE DETERMINED THAT BY MAKING ITS BID SUBJECT TO ATTACHMENT A, LAMSON WAS ATTEMPTING TO AMEND THE SPECIFICATIONS WHICH IT PREVIOUSLY HAD ACCEPTED. ACCORDINGLY, THE AIR FORCE DETERMINED THAT LAMSON'S BID WAS NONRESPONSIVE, AND ITS BID WAS REJECTED.
BY LETTER DATED MARCH 29, 1978, LAMSON PROTESTED TO THE CONTRACTING OFFICER, CONTENDING, AMONG OTHER THINGS, THAT ATTACHMENT A SIMPLY CLARIFIED BUT DID NOT SEEK TO AMEND THE SPECIFICATIONS. BY LETTER DATED APRIL 20, 1978, THE CONTRACTING OFFICER INFORMED LAMSON THAT THE SOLICITATION HAD BEEN CANCELED SINCE ALL BIDS WERE NONRESPONSIVE, THE PROCUREMENT WOULD BE RESOLICITED IN THE NEAR FUTURE, AND LAMSON WOULD BE GIVEN AN OPPORTUNITY TO BID. THE AIR FORCE HAS SINCE RESOLICITED FOR THE DESIRED SYSTEM.
LAMSON, BY LETTER RECEIVED HERE MAY 22, 1978, PROTESTS THE CANCELLATION AND RESOLICITATION SINCE ITS BID PRICE IS A MATTER OF PUBLIC RECORD, WHICH PLACES IT AT A COMPETITIVE DISADVANTAGE.
LAMSON'S PROTEST IS UNTIMELY UNDER OUR BID PROTEST PROCEDURES, SPECIFICALLY 4 C.F.R. SEC. 20.2(B)(2) (1977), AND NOT FOR CONSIDERATION ON THE MERITS, SINCE LAMSON DID NOT PROTEST TO THE PROCURING ACTIVITY OR OUR OFFICE WITHIN 10 DAYS AFTER RECEIVING THE CONTRACTING OFFICER'S LETTER OF APRIL 20, 1978, NOTIFYING LAMSON OF THE CANCELLATION, RESOLICITATION AND ITS OPPORTUNITY TO SUBMIT A BID. 4 C.F.R. SEC. 20.2(B)(2) PROVIDES IN PART AS FOLLOWS:
"*** BID PROTESTS SHALL BE FILED NOT LATER THAN 10 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER."
BASED ON THE FOREGOING, THE PROTEST IS DISMISSED.