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B-210941.4, JUN 13, 1983

B-210941.4 Jun 13, 1983
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DIGEST: ISSUE OF WHETHER A FIRM'S OFFER PROPERLY WAS EXCLUDED FROM THE COMPETITIVE RANGE DOES NOT INVOLVE A PRINCIPLE OF WIDESPREAD INTEREST TO THE PROCUREMENT COMMUNITY TO BE CONSIDERED UNDER THE EXCEPTION TO GAO'S TIMELINESS REQUIREMENTS FOR ISSUES SIGNIFICANT TO PROCUREMENT PRACTICES OR PROCEDURES. WE DISMISSED KOOMEY'S PROTEST BECAUSE IT WAS NOT FILED WITHIN 10 WORKING DAYS AFTER THE ARMY ADVISED THE FIRM OF THE REASONS FOR ITS ELIMINATION FROM THE COMPETITION. BECAUSE THE ARMY'S REASONS FOR REJECTING THE FIRM'S OFFER ALLEGEDLY WERE WRONG. WE GENERALLY WILL INVOKE THE SIGNIFICANT ISSUE EXCEPTION ONLY WHERE THE PROTEST RAISES A PRINCIPLE OF WIDESPREAD INTEREST OR IMPORTANCE TO THE PROCUREMENT COMMUNITY.

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B-210941.4, JUN 13, 1983

DIGEST: ISSUE OF WHETHER A FIRM'S OFFER PROPERLY WAS EXCLUDED FROM THE COMPETITIVE RANGE DOES NOT INVOLVE A PRINCIPLE OF WIDESPREAD INTEREST TO THE PROCUREMENT COMMUNITY TO BE CONSIDERED UNDER THE EXCEPTION TO GAO'S TIMELINESS REQUIREMENTS FOR ISSUES SIGNIFICANT TO PROCUREMENT PRACTICES OR PROCEDURES.

KOOMEY, INC. - RECONSIDERATION:

KOOMEY, INC. REQUESTS RECONSIDERATION OF OUR DECISION KOOMEY, INC., B-210941.3, MAY 6, 1983, 83-1 CPD , IN WHICH WE DISMISSED AS UNTIMELY FILED THE FIRM'S PROTEST AGAINST THE ELIMINATION OF ITS PROPOSAL FROM THE COMPETITIVE RANGE BY THE DEPARTMENT OF THE ARMY IN A PROCUREMENT FOR THE DESIGN, FABRICATION AND TESTING OF REVERSE OSMOSIS WATER PURIFICATION UNITS. WE AFFIRM OUR DECISION.

WE DISMISSED KOOMEY'S PROTEST BECAUSE IT WAS NOT FILED WITHIN 10 WORKING DAYS AFTER THE ARMY ADVISED THE FIRM OF THE REASONS FOR ITS ELIMINATION FROM THE COMPETITION, AS REQUIRED BY OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.2(B) (2) (1983). KOOMEY NOW CONTENDS THAT, BECAUSE THE ARMY'S REASONS FOR REJECTING THE FIRM'S OFFER ALLEGEDLY WERE WRONG, THE MERITS OF THE PROTEST SHOULD BE CONSIDERED UNDER THE EXCEPTION TO OUR TIMELINESS REQUIREMENTS FOR ISSUES SIGNIFICANT TO PROCUREMENT PRACTICES AND PROCEDURES.

WE GENERALLY WILL INVOKE THE SIGNIFICANT ISSUE EXCEPTION ONLY WHERE THE PROTEST RAISES A PRINCIPLE OF WIDESPREAD INTEREST OR IMPORTANCE TO THE PROCUREMENT COMMUNITY. SEQUOIA PACIFIC CORPORATION, B-199583, JANUARY 7, 1981, 81-1 CPD 13. WHILE WE RECOGNIZE THE IMPORTANCE OF THIS MATTER TO KOOMEY, ITS ALLEGATIONS DO NOT INVOLVE A PRINCIPLE OF WIDESPREAD INTEREST TO THE PROCUREMENT COMMUNITY. THERE IS NOTHING TO INDICATE THAT OUR CONSIDERATION OF THEM WOULD BENEFIT ANYONE OTHER THAN KOOMEY. SEE ENSIGN AIRCRAFT COMPANY, B-207898.3, APRIL 1, 1983, 83-1 CPD 340. THEREFORE, WE DECLINE TO INVOKE THE EXCEPTION.

OUR PRIOR DECISION IS AFFIRMED.

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