B-187528, NOVEMBER 17, 1976

B-187528: Nov 17, 1976

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PROTEST AGAINST TERMS AND CONDITIONS OF IFB FILED AFTER BID OPENING IS UNTIMELY UNDER GAO BID PROTEST PROCEDURES. PROVIDES THAT "PROTESTS BASED ON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING * * * SHALL BE FILED (RECEIVED AT GAO) PRIOR TO BID OPENING * * * .". INASMUCH AS THE BIDS WERE OPENED ON JULY 17. THE PROTEST WAS NOT RECEIVED UNTIL SEPTEMBER 28. THE PROTEST IS UNTIMELY. THE PROTEST WILL NOT BE CONSIDERED ON THE MERITS.

B-187528, NOVEMBER 17, 1976

PROTEST AGAINST TERMS AND CONDITIONS OF IFB FILED AFTER BID OPENING IS UNTIMELY UNDER GAO BID PROTEST PROCEDURES.

HUCK MANUFACTURING COMPANY:

HUCK MANUFACTURING COMPANY HAS PROTESTED ANY AWARD TO BOSTON PNEUMATICS INC. FOR BLIND PNEUMATIC RIVERTERS IN INVITATION FOR BIDS (IFB) FTAP-B6- 60159A.

SPECIFICALLY, HUCK PROTESTED THE IFB PURCHASE DESCRIPTION WHICH STATES: "THE RIVERTER SHALL BE HUCK MFG., CO. MODEL 350, BOSTON PNEUMATICS, INC. MODEL BP 350, OR EQUAL." HUCK ALSO PROTESTED THE OMISSION FROM THE IFB OF A BID SAMPLE REQUIREMENT.

SECTION 20.2(B)(1) OF THIS OFFICE'S BID PROTEST PROCEDURES. 4 C.F.R. 20.2(B)(1) (1976), PROVIDES THAT "PROTESTS BASED ON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING * * * SHALL BE FILED (RECEIVED AT GAO) PRIOR TO BID OPENING * * * ."

INASMUCH AS THE BIDS WERE OPENED ON JULY 17, 1976, AND THE PROTEST WAS NOT RECEIVED UNTIL SEPTEMBER 28, 1976, THE PROTEST IS UNTIMELY.

THEREFORE, THE PROTEST WILL NOT BE CONSIDERED ON THE MERITS.