B-185363, DEC 10, 1975
Highlights
PROTEST ALLEGING IMPROPER USE OF NEGOTIATION FOR PROCUREMENT IN LIEU OF FORMAL ADVERTISING FIRST FILED AFTER AWARD HAS BEEN MADE UNDER THE PROCUREMENT IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS. PROVIDES THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A NEGOTIATED SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. SINCE THE ALLEGED DEFECT WAS APPARENT TO THE PROTESTER PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS AND RANDALL DID NOT PROTEST THE ALLEGED IMPROPRIETY UNTIL AFTER THE AWARD WAS MADE. ITS PROTEST IS UNTIMELY. THE MERITS OF THIS PROTEST WILL NOT BE CONSIDERED.
B-185363, DEC 10, 1975
PROTEST ALLEGING IMPROPER USE OF NEGOTIATION FOR PROCUREMENT IN LIEU OF FORMAL ADVERTISING FIRST FILED AFTER AWARD HAS BEEN MADE UNDER THE PROCUREMENT IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS.
RANDALL MANUFACTURING CO., INC.:
BY LETTER FILED ON NOVEMBER 18, 1975, RANDALL MANUFACTURING CO., INC. (RANDALL), PROTESTS THE "BIDDING PROCEDURES" AND THE AWARD MADE UNDER REQUEST FOR PROPOSALS F09603-76-R-3155, ISSUED BY THE DEPARTMENT OF THE AIR FORCE, WARNER ROBINS AIR LOGISTICS CENTER (AFLC). RANDALL PROTESTS THE USE OF NEGOTIATIONS FOR THIS PROCUREMENT IN LIEU OF FORMAL ADVERTISING.
PRIOR TO FILING ITS PROTEST WITH THIS OFFICE, RANDALL HAD FILED A SIMILAR PROTEST WITH THE CONTRACTING OFFICER ON OCTOBER 30, 1975. HOWEVER, THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS HAD BEEN AUGUST 20, 1975, AND THE DEADLINE FOR SUBMISSION OF BEST AND FINAL OFFERS HAD BEEN SEPTEMBER 22, 1975. SECTION 2.2(B)(1) OF OUR BID PROTEST PROCEDURES, 40 FED. REG. 17979 (1975), PROVIDES THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A NEGOTIATED SOLICITATION WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. SINCE THE ALLEGED DEFECT WAS APPARENT TO THE PROTESTER PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS AND RANDALL DID NOT PROTEST THE ALLEGED IMPROPRIETY UNTIL AFTER THE AWARD WAS MADE, ITS PROTEST IS UNTIMELY. COMPUTER MACHINING TECHNOLOGY, B-181233, MARCH 6, 1975, 75-1 CPD 134.
THEREFORE, THE MERITS OF THIS PROTEST WILL NOT BE CONSIDERED.