B-186801, JUL 23, 1976
Highlights
PROTEST AGAINST ALLEGED IMPROPRIETIES APPARENT IN RFP WHICH WAS FILED AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS MUST BE DISMISSED AS UNTIMELY FILED. IN ITS LETTER TO OUR OFFICE TABOR INDICATES THAT REVISIONS OF THE SPECIFICATIONS WERE NECESSARY AND THAT A NEW RFP SHOULD BE ISSUED. 4 CFR 20.2(A) (1976) PROVIDES THAT PROTESTS AGAINST ALLEGED IMPROPRIETIES APPARENT IN A SOLICITATION ARE REQUIRED TO BE FILED EITHER WITH THE CONTRACTING AGENCY OR THIS OFFICE PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. SINCE TABOR'S ALLEGATIONS OF IMPROPRIETIES IN THE RFP WERE NOT FILED UNTIL AFTER THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. ITS PROTEST IS UNTIMELY. THE MERITS OF THIS PROTEST WILL NOT BE CONSIDERED.
B-186801, JUL 23, 1976
PROTEST AGAINST ALLEGED IMPROPRIETIES APPARENT IN RFP WHICH WAS FILED AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS MUST BE DISMISSED AS UNTIMELY FILED.
TABOR UNITED MEDICAL EQUIPMENT, UNLIMITED:
BY LETTER DATED JUNE 18, 1976, AND RECEIVED AT OUR OFFICE ON JUNE 22, 1976, TABOR UNITED MEDICAL EQUIPMENT, UNLIMITED (TABOR), PROTESTED THE SPECIFICATIONS UNDER REQUEST FOR PROPOSALS (RFP) NO. 76-0373, ISSUED BY THE SOCIAL SECURITY ADMINISTRATION (SSA) FOR A STUDY PROJECT. IN ITS LETTER TO OUR OFFICE TABOR INDICATES THAT REVISIONS OF THE SPECIFICATIONS WERE NECESSARY AND THAT A NEW RFP SHOULD BE ISSUED.
PRIOR TO FILING ITS PROTEST WITH THIS OFFICE, TABOR HAD FILED A SIMILAR BUT MORE DETAILED PROTEST WITH SSA BY LETTER DATED JUNE 16, 1976. HOWEVER, THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS HAD BEEN JUNE 15, 1976. APPARENTLY THE PROTESTER DID NOT SUBMIT A PROPOSAL.
SECTION 20.2(A) OF OUR BID PROTEST PROCEDURES, 4 CFR 20.2(A) (1976) PROVIDES THAT PROTESTS AGAINST ALLEGED IMPROPRIETIES APPARENT IN A SOLICITATION ARE REQUIRED TO BE FILED EITHER WITH THE CONTRACTING AGENCY OR THIS OFFICE PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. SINCE TABOR'S ALLEGATIONS OF IMPROPRIETIES IN THE RFP WERE NOT FILED UNTIL AFTER THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS, ITS PROTEST IS UNTIMELY.
THEREFORE, THE MERITS OF THIS PROTEST WILL NOT BE CONSIDERED.