B-219301, JUL 17, 1985, 85-2 CPD 57
Highlights
IS UNTIMELY SINCE GAO'S BID PROTEST REGULATIONS REQUIRE THAT A PROTEST BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS BE FILED PRIOR TO THE CLOSING DATE. THE SOLICITATION WAS ISSUED ON MAY 17. CHARTA ALLEGES THAT IT WAS DENIED AN OPPORTUNITY FOR A SITE VISIT TO THE FACILITIES PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS. THE AGENCY'S RESPONSE WAS THAT A SITE VISIT WAS HELD IN ACCORDANCE WITH THE SOLICITATION'S NOTICE ON JUNE 4. WITH RESPECT TO THE SITE VISIT: "L.16 (4) THE SITE VISIT AND PREPROPOSAL CONFERENCE WILL BE HELD AT THE NAVAL OCEANOGRAPHIC OFFICE. SECTION 21.2(A)(1) OF OUR BID PROTEST REGULATIONS PROVIDES THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO THE RECEIPT OF INITIAL PROPOSALS.
B-219301, JUL 17, 1985, 85-2 CPD 57
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO BID OPENING/CLOSING DATE FOR PROPOSALS DIGEST: PROTEST FILED AFTER INITIAL CLOSING DATE FOR RECEIPT OF PROPOSALS, REGARDING SITE VISIT, IS UNTIMELY SINCE GAO'S BID PROTEST REGULATIONS REQUIRE THAT A PROTEST BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS BE FILED PRIOR TO THE CLOSING DATE.
CHARTA INCORPORATED:
CHARTA INCORPORATED (CHARTA) PROTESTS THE OPENING OF PROPOSALS MADE PURSUANT TO SOLICITATION NO. N62306-85-R-0045, ISSUED BY THE NAVAL OCEANOGRAPHIC OFFICE, BAY ST. LOUIS, NSTL, MISSISSIPPI. THE SOLICITATION WAS ISSUED ON MAY 17, 1985, FOR OPERATION AND MANAGEMENT OF CENTRAL MAILROOM FACILITIES AND PROVISION OF ADMINISTRATIVE SERVICES. CHARTA ALLEGES THAT IT WAS DENIED AN OPPORTUNITY FOR A SITE VISIT TO THE FACILITIES PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS.
CHARTA STATES THAT ON NUMEROUS OCCASIONS PRIOR TO THE CLOSING DATE IT REQUESTED A SITE VISIT FROM AGENCY OFFICIALS. THE AGENCY'S RESPONSE WAS THAT A SITE VISIT WAS HELD IN ACCORDANCE WITH THE SOLICITATION'S NOTICE ON JUNE 4, 1985, AND THAT NO OTHER SITE VISIT WOULD BE ALLOWED. THE SOLICITATION READS, WITH RESPECT TO THE SITE VISIT:
"L.16 (4) THE SITE VISIT AND PREPROPOSAL CONFERENCE WILL BE HELD AT THE NAVAL OCEANOGRAPHIC OFFICE, BAY ST. LOUIS, NSTL, MS 39522-5001 AT 9:00 AM, ON 4 JUN 1985."
CHARTA DID NOT PROTEST THE ABOVE PROVISION IN THE SOLICITATION, WHICH ONLY ALLOWS ONE DATE FOR A SITE VISIT, UNTIL JULY 2, 1985, WITH OUR OFFICE, AFTER THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS ON JULY 1, 1985.
SECTION 21.2(A)(1) OF OUR BID PROTEST REGULATIONS PROVIDES THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO THE RECEIPT OF INITIAL PROPOSALS. CHARTA'S PROTEST IS THEREFORE UNTIMELY.
THE PROTEST IS DISMISSED.