Skip to main content

B-207126, MAY 3, 1982

B-207126 May 03, 1982
Jump To:
Skip to Highlights

Highlights

OPENING BIDS WITHOUT RESPONDING TO THE PROTEST IS INITIAL ADVERSE AGENCY ACTION. THE PROTESTER SAYS THAT A REQUIREMENT THAT SHELF CORNERS BE LAPPED AND WELDED IS UNNECESSARY. BIDS NONETHELESS WERE OPENED AS SCHEDULED. A PROTEST IS FILED INITIALLY WITH THE CONTRACTING ACTIVITY. WE WILL CONSIDER A SUBSEQUENT PROTEST TO OUR OFFICE ONLY IF IT IS FILED HERE WITHIN TEN WORKING DAYS AFTER THE PROTESTER HAS ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF INITIAL ACTION BY THE CONTRACTING AGENCY WHICH IS ADVERSE TO THE PROTEST TO THAT AGENCY. THE FACT THAT BID OPENING OCCURS IS CONSTRUCTIVE NOTICE THAT THE CONTRACTING AGENCY REJECTS THE PROTEST. THE INSTANT PROTEST WAS FILED IN OUR OFFICE ON APRIL 13. SINCE BID OPENING WAS CONSTRUCTIVE NOTICE OF INITIAL ADVERSE AGENCY ACTION ON THE MARCH 25 PROTEST.

View Decision

B-207126, MAY 3, 1982

DIGEST: WHERE A FIRM INITIALLY PROTESTS ALLEGED SPECIFICATION DEFECTS TO THE CONTRACTING AGENCY PRIOR TO BID OPENING, OPENING BIDS WITHOUT RESPONDING TO THE PROTEST IS INITIAL ADVERSE AGENCY ACTION, SO THAT A SUBSEQUENT PROTEST TO GAO MUST BE FILED WITHIN TEN WORKING DAYS THEREAFTER.

BERNARD FRANKLIN COMPANY:

BERNARD FRANKLIN COMPANY PROTESTS TWO SPECIFICATIONS IN DEPARTMENT OF THE ARMY INVITATION FOR BIDS (IFB) DAKF 27-82-B-0034. ACCORDING TO THE PROTESTER, IFB AMENDMENT 2 INTRODUCED AN AMBIGUITY REGARDING THE REQUIRED LOADING CAPACITY OF CERTAIN SHELVES TO BE FURNISHED UNDER THE CONTRACT. MOREOVER, THE PROTESTER SAYS THAT A REQUIREMENT THAT SHELF CORNERS BE LAPPED AND WELDED IS UNNECESSARY, AND THUS AN UNDUE RESTRICTION ON COMPETITION. WE DISMISS THE PROTEST.

BERNARD FRANKLIN INITIALLY PROTESTED TO THE ARMY SHORTLY BEFORE BID OPENING, ON MARCH 25, 1982. BIDS NONETHELESS WERE OPENED AS SCHEDULED.

UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SECS. 21.2(A), 21.2(B)(1) (1981), PROTESTS CONCERNING DEFECTS APPARENT IN A SOLICITATION MUST BE FILED WITH OUR OFFICE OR THE CONTRACTING AGENCY PRIOR TO BID OPENING. A PROTEST IS FILED INITIALLY WITH THE CONTRACTING ACTIVITY, WE WILL CONSIDER A SUBSEQUENT PROTEST TO OUR OFFICE ONLY IF IT IS FILED HERE WITHIN TEN WORKING DAYS AFTER THE PROTESTER HAS ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF INITIAL ACTION BY THE CONTRACTING AGENCY WHICH IS ADVERSE TO THE PROTEST TO THAT AGENCY. THE FACT THAT BID OPENING OCCURS IS CONSTRUCTIVE NOTICE THAT THE CONTRACTING AGENCY REJECTS THE PROTEST. BILSOM INTERNATIONAL, INC., B-203523, MARCH 8, 1982, 82-1 CPD 206; BIRD JOHNSON COMPANY, B-199445, JULY 18, 1980, 80-2 CPD 49.

THE INSTANT PROTEST WAS FILED IN OUR OFFICE ON APRIL 13, MORE THAN TEN WORKING DAYS AFTER BID OPENING. SINCE BID OPENING WAS CONSTRUCTIVE NOTICE OF INITIAL ADVERSE AGENCY ACTION ON THE MARCH 25 PROTEST, THE PROTEST TO OUR OFFICE IS UNTIMELY AND IS DISMISSED.

GAO Contacts

Office of Public Affairs