B-191869, JUN 12, 1978
Highlights
DIGEST: PROTEST FILED INITIALLY WITH CONTRACTING AGENCY WAS NOT FILED WITH GAO WITHIN 10 DAYS OF AGENCY DENIAL OF PROTEST AND IS THEREFORE UNTIMELY AND NOT FOR CONSIDERATION UNDER GAO BID PROTEST PROCEDURES. IS RESTRICTIVE BECAUSE ONLY ONE FIRM MANUFACTURES A NURSE CALL SYSTEM USING SIGNAL MULTIPLEXING TECHNOLOGY. THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS WAS MARCH 1. BECKWITH'S COMPLAINT WAS DENIED ORALLY ON FEBRUARY 23. THE ARMY NOTIFIED BECKWITH THAT IT WOULD HAVE TO AMEND ITS PROPOSAL TO COMPLY WITH THE SOLICITATION REQUIREMENTS. OUR BID PROTEST PROCEDURES PROVIDE THAT PROTESTS REGARDING ISSUES WHICH ARE APPARENT ON THE FACE OF THE SOLICITATION MUST BE FILED BEFORE THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS.
B-191869, JUN 12, 1978
DIGEST: PROTEST FILED INITIALLY WITH CONTRACTING AGENCY WAS NOT FILED WITH GAO WITHIN 10 DAYS OF AGENCY DENIAL OF PROTEST AND IS THEREFORE UNTIMELY AND NOT FOR CONSIDERATION UNDER GAO BID PROTEST PROCEDURES.
BECKWITH ELECTRONIC ENGINEERING CO.:
BY CORRESPONDENCE RECEIVED IN OUR OFFICE ON MAY 8, 1978, BECKWITH ELECTRONIC ENGINEERING CO. (BECKWITH) PROTESTS THE ISSUANCE OF SOLICITATION NO. DAAG08-78-R-0059, FOR A NURSE CALL SYSTEM, BY THE SACRAMENTO ARMY DEPOT, SACRAMENTO, CALIFORNIA (ARMY). BECKWITH CONTENDS THAT SECTION F OF THE SOLICITATION, REQUIRING THAT THE CALL SYSTEM OPERATE OVER A SINGLE COAXIAL CABLE INSTEAD OF CONVENTIONAL WIRING WITH A SEPARATE COAXIAL CABLE TO MEET FUTURE NEEDS, IS RESTRICTIVE BECAUSE ONLY ONE FIRM MANUFACTURES A NURSE CALL SYSTEM USING SIGNAL MULTIPLEXING TECHNOLOGY.
BECKWITH INITIALLY RAISED THIS ISSUE WITH THE ARMY BY LETTER OF FEBRUARY 17, 1978. THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS WAS MARCH 1, 1978. BECKWITH'S COMPLAINT WAS DENIED ORALLY ON FEBRUARY 23, 1978, AND BY LETTER DATED MARCH 23, 1978, THE ARMY NOTIFIED BECKWITH THAT IT WOULD HAVE TO AMEND ITS PROPOSAL TO COMPLY WITH THE SOLICITATION REQUIREMENTS.
OUR BID PROTEST PROCEDURES PROVIDE THAT PROTESTS REGARDING ISSUES WHICH ARE APPARENT ON THE FACE OF THE SOLICITATION MUST BE FILED BEFORE THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS, EXCEPT THAT:
"*** IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 10 DAYS OF FORMAL NOTIFICATION OF OR ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF INITIAL ADVERSE AGENCY ACTION WILL BE CONSIDERED ***." 4 C.F.R. SEC. 20.2(A) (1977).
BECKWITH'S PROTEST, FILED IN OUR OFFICE ON MAY 8, 1978, IS UNTIMELY AND THEREFORE WILL NOT BE CONSIDERED.