B-216787, OCT 29, 1984, 84-2 CPD 475
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO CLOSING DATE FOR RECEIPT OF QUOTATIONS DIGEST: PROTEST AGAINST PROCURING ACTIVITY'S FAILURE TO INCLUDE WAGE RATE DETERMINATION IN REQUESTS FOR QUOTATIONS IS DISMISSED AS UNTIMELY SINCE IT WAS NOT FILED BEFORE THE CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS. THE PROCEDURES WERE UNFAIR. THE ARMY INFORMALLY ADVISES US THAT THE CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS WAS SEPTEMBER 18. WRC'S PROTEST WAS FILED ON OCTOBER 12. OUR BID PROTEST PROCEDURES PROVIDE THAT A PROTEST OF ALLEGED IMPROPRIETIES IN AN RFQ WHICH ARE APPARENT PRIOR TO CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS MUST BE FILED PRIOR TO THAT DATE. 4 C.F.R.
B-216787, OCT 29, 1984, 84-2 CPD 475
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO CLOSING DATE FOR RECEIPT OF QUOTATIONS DIGEST: PROTEST AGAINST PROCURING ACTIVITY'S FAILURE TO INCLUDE WAGE RATE DETERMINATION IN REQUESTS FOR QUOTATIONS IS DISMISSED AS UNTIMELY SINCE IT WAS NOT FILED BEFORE THE CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS.
WORKSHOPS FOR RETARDED CITIZENS, INC.:
WORKSHOPS FOR RETARDED CITIZENS, INC. (WRC), PROTESTS THE FAILURE OF THE UNITED STATES ARMOR CENTER AND FORT KNOX, KENTUCKY, TO INCLUDE A SERVICE CONTRACT ACT WAGE DETERMINATION IN REQUESTS FOR QUOTATIONS (RFQS) FOR JANITORIAL SERVICES TO BE PERFORMED AT THE BROOKS-LAWLER ARMY RESERVE CENTER, FT. THOMAS, KENTUCKY KING'S MILLS ARMY RESERVE CENTER, KING'S MILLS, OHIO, OUTCALT ARMY RESERVE CENTER, SHARONVILLE, OHIO, AND MORROW ARMY RESERVE CENTER, CINCINNATI, OHIO. WRC CONTENDS THAT AS A RESULT OF THE OMISSION OF WAGE RATE DETERMINATIONS IN THE RFQS, THE PROCEDURES WERE UNFAIR. WE DISMISS THE PROTEST AS UNTIMELY.
THE ARMY INFORMALLY ADVISES US THAT THE CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS WAS SEPTEMBER 18, 1984 FOR THE BROOKS-LAWLER, KING'S MILLS AND OUTCALT ARMY RESERVE CENTERS, AND SEPTEMBER 22, 1984 FOR THE MORROW ARMY RESERVE CENTER. WRC'S PROTEST WAS FILED ON OCTOBER 12, 1984.
OUR BID PROTEST PROCEDURES PROVIDE THAT A PROTEST OF ALLEGED IMPROPRIETIES IN AN RFQ WHICH ARE APPARENT PRIOR TO CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS MUST BE FILED PRIOR TO THAT DATE. 4 C.F.R. SEC. 21.2(B)(1) (1984). THE ALLEGED IMPROPRIETY WAS APPARENT PRIOR TO THE SEPTEMBER 18 AND 28, 1984 CLOSING DATES. SINCE WRC'S PROTEST WAS NOT FILED UNTIL AFTER BOTH CLOSING DATES, THE PROTEST WILL NOT BE CONSIDERED. SEE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING MACHINE OPERATORS OF THE U.S. AND CANADA, B-212328, JULY 28, 1983, 83-2 CPD PARA. 140.
THE PROTEST IS DISMISSED.