B-211055, MAR 22, 1983

B-211055: Mar 22, 1983

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DIGEST: PROTEST THAT SOLICITATION SHOULD HAVE BEEN FORMALLY ADVERTISED RATHER THAN NEGOTIATED IS UNTIMELY WHEN NOT FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. ON THE GROUND THAT THE PROCUREMENT SHOULD HAVE BEEN FORMALLY ADVERTISED RATHER THAN NEGOTIATED. THE PROTEST IS UNTIMELY AND WE WILL NOT CONSIDER IT ON THE MERITS. THE METHOD OF PROCUREMENT IS APPARENT FROM THE SOLICITATION. THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS FEBRUARY 24. THE PROTEST WAS RECEIVED IN OUR OFFICE ON MARCH 10.

B-211055, MAR 22, 1983

DIGEST: PROTEST THAT SOLICITATION SHOULD HAVE BEEN FORMALLY ADVERTISED RATHER THAN NEGOTIATED IS UNTIMELY WHEN NOT FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS.

TELECTRO-MEK, INC.:

TELECTRO-MEK, INC., PROTESTS ANY AWARD UNDER SOLICITATION NO. N00104 83-R -0450, ISSUED BY THE DEPARTMENT OF THE NAVY, ON THE GROUND THAT THE PROCUREMENT SHOULD HAVE BEEN FORMALLY ADVERTISED RATHER THAN NEGOTIATED. THE PROTEST IS UNTIMELY AND WE WILL NOT CONSIDER IT ON THE MERITS.

THE METHOD OF PROCUREMENT IS APPARENT FROM THE SOLICITATION. THE TIMELINESS PROVISIONS OF OUR BID PROTEST PROCEDURES, 4 C.F.R. SECTION 21.2(1982), REQUIRE THAT PROTESTS OF SOLICITATION DEFICIENCIES APPARENT ON THE FACE OF A SOLICITATION BE FILED BEFORE THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. IN THIS CASE, THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS FEBRUARY 24, 1983; THE PROTEST WAS RECEIVED IN OUR OFFICE ON MARCH 10, 1983.

WE DISMISS THE PROTEST.

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