B-198520, MAY 14, 1980
Highlights
DIGEST: PROTEST ALLEGING SOLICITATION IMPROPRIETIES (INADEQUATE AND UNDULY RESTRICTIVE SPECIFICATIONS) FILED AFTER BID OPENING IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS. BIDS WERE OPENED ON APRIL 18. YALE INDUSTRIAL TRUCKS (YALE) PROTESTED THAT THE SPECIFICATIONS WERE INADEQUATE AND UNDULY RESTRICTIVE. YALE'S PROTEST WAS FILED (ACTUALLY RECEIVED) IN OUR OFFICE ON APRIL 21. PROVIDE THAT: "PROTESTS BASED ON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING *** SHALL BE FILED PRIOR TO BID OPENING ***.". SINCE YALE'S PROTEST ALLEGING SOLICITATION IMPROPRIETIES WAS NOT FILED UNTIL AFTER BID OPENING. THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.
B-198520, MAY 14, 1980
DIGEST: PROTEST ALLEGING SOLICITATION IMPROPRIETIES (INADEQUATE AND UNDULY RESTRICTIVE SPECIFICATIONS) FILED AFTER BID OPENING IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS.
YALE INDUSTRIAL TRUCKS:
THE DEPARTMENT OF THE NAVY (NAVY) ISSUED SOLICITATION NO. N00104-80 R- ZH39 VAH FOR THE PROCUREMENT OF THREE FORKLIFT TRUCKS. BIDS WERE OPENED ON APRIL 18, 1980.
BY LETTER DATED APRIL 18, 1980, YALE INDUSTRIAL TRUCKS (YALE) PROTESTED THAT THE SPECIFICATIONS WERE INADEQUATE AND UNDULY RESTRICTIVE. YALE'S PROTEST WAS FILED (ACTUALLY RECEIVED) IN OUR OFFICE ON APRIL 21, 1980, 3 DAYS AFTER BID OPENING.
OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(B)(1) (1980), PROVIDE THAT:
"PROTESTS BASED ON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING *** SHALL BE FILED PRIOR TO BID OPENING ***."
SINCE YALE'S PROTEST ALLEGING SOLICITATION IMPROPRIETIES WAS NOT FILED UNTIL AFTER BID OPENING, THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS. SPACE SERVICES OF GEORGIA, B-193589, JANUARY 15, 1979, 79-1 CPD 22.