B-220512, OCT 11, 1985, 85-2 CPD 408

B-220512, OCT 11, 1985, 85-2 CPD 408

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO BID OPENING/CLOSING DATE FOR PROPOSALS DIGEST: PROTEST THAT NATIONAL AERONAUTICS AND SPACE ADMINISTRATION'S ACQUISITION METHODOLOGY SET FORTH IN THE SOLICITATION IS OVERLY RESTRICTIVE AND NOT BASED UPON PROPER EVALUATION OF ALTERNATIVE METHODS FOR PROCURING THE SUBJECT TELECOMMUNICATIONS SYSTEM, FILED AFTER THE CLOSING TIME FOR THE RECEIPT OF PROPOSALS, IS UNTIMELY SINCE IT CONCERNS APPARENT SOLICITATION IMPROPRIETIES AND, THUS, HAD TO BE RAISED BEFORE THAT TIME.

THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY:

THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY PROTESTS THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION'S (NASA) REQUEST FOR TECHNICAL PROPOSALS NO. W-10-34654/HWD, ON THE GROUNDS THAT THE AGENCY'S ACQUISITION METHODOLOGY SET FORTH IN THE SOLICITATION IS OVERLY RESTRICTIVE AND NOT BASED UPON PROPER EVALUATION OF ALTERNATIVE METHODS FOR PROCURING THE TELECOMMUNICATIONS SYSTEM COVERED BY THE SOLICITATION.

WE DISMISS THE PROTEST.

THE SOLICITATION, WHICH WAS ISSUED AUGUST 12, 1985, REQUIRED THAT PROPOSALS BE SUBMITTED BY 2:30 P.M. ON SEPTEMBER 30. WE RECEIVED THIS PROTEST AT 3:31 P.M. ON SEPTEMBER 30. OUR BID PROTEST REGULATIONS REQUIRE THAT A PROTEST BASED ON AN ALLEGED IMPROPRIETY THAT IS APPARENT PRIOR TO THE CLOSING DATE SET FOR RECEIPT OF PROPOSALS BE FILED BEFORE THE TIME SET FOR RECEIPT. 4 C.F.R. SEC. 21.2(A)(1) (1985); SEE INTERACTIVE SYSTEMS CORPORATION, B-200218, OCT. 6, 1980, 80-2 CPD PARA. 245. SINCE NASA'S ACQUISITION METHODOLOGY WAS APPARENT ON THE FACE OF THE SOLICITATION, THE PROTEST, FILED AFTER PROPOSALS WERE RECEIVED, IS UNTIMELY.