B-213041.2, OCT 7, 1983
Highlights
DIGEST: PROTEST CONCERNING ALLEGEDLY ARBITRARY AND PUNITIVE SOLICITATION TERMS WHICH WERE APPARENT PRIOR TO BID OPENING IS DISMISSED AS UNTIMELY WHERE THE PROTEST WAS FILED AFTER BID OPENING. THE PROTESTER CONTENDS THAT CERTAIN REQUIREMENTS CONTAINED IN AN AMENDMENT TO THE IFB ARE ARBITRARY AND PUNITIVE. KLEEN-RITE'S ALLEGATIONS PERTAIN TO ALLEGED SOLICITATION DEFICIENCIES WHICH WERE APPARENT PRIOR TO BID OPENING AND THEREFORE SHOULD HAVE BEEN PROTESTED BEFORE THAT TIME. 4 C.F.R. THE PROTESTER STATES THAT BID OPENING WAS SCHEDULED FOR SEPTEMBER 19. IT IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE PROTEST IS DISMISSED.
B-213041.2, OCT 7, 1983
DIGEST: PROTEST CONCERNING ALLEGEDLY ARBITRARY AND PUNITIVE SOLICITATION TERMS WHICH WERE APPARENT PRIOR TO BID OPENING IS DISMISSED AS UNTIMELY WHERE THE PROTEST WAS FILED AFTER BID OPENING.
KLEEN-RITE CORPORATION:
KLEEN-RITE CORPORATION PROTESTS THE TERMS OF INVITATION FOR BIDS (IFB) NO. DABT31-83-B-0068 ISSUED BY THE DEPARTMENT OF THE ARMY, FORT LEONARD WOOD, MISSOURI. THE PROTESTER CONTENDS THAT CERTAIN REQUIREMENTS CONTAINED IN AN AMENDMENT TO THE IFB ARE ARBITRARY AND PUNITIVE.
WE DISMISS THE PROTEST AS UNTIMELY.
KLEEN-RITE'S ALLEGATIONS PERTAIN TO ALLEGED SOLICITATION DEFICIENCIES WHICH WERE APPARENT PRIOR TO BID OPENING AND THEREFORE SHOULD HAVE BEEN PROTESTED BEFORE THAT TIME. 4 C.F.R. SEC. 21.1(B)(1) (1983). THE PROTESTER STATES THAT BID OPENING WAS SCHEDULED FOR SEPTEMBER 19, 1983 AT 8:30 A.M. BECAUSE WE DID NOT RECEIVE KLEEN RITE'S PROTEST, SENT BY MAILGRAM, UNTIL 12:51 P.M. ON THE BID OPENING DATE, IT IS UNTIMELY AND WILL NOT BE CONSIDERED ON
THE PROTEST IS DISMISSED.