B-206812, MAY 17, 1982
Highlights
THAT ACTION CONSTITUTES THE INITIAL ADVERSE ACTION FROM WHICH THE TIMELINESS OF A SUBSEQUENT PROTEST TO GAO IS MEASURED. IS UNDULY RESTRICTIVE OF COMPETITION. THE AMENDMENT WAS ISSUED ON FEBRUARY 8. ELECTRONIC'S MARCH 18 PROTEST TELEGRAM WAS FILED (RECEIVED) WITH OUR OFFICE ON MARCH 23.
B-206812, MAY 17, 1982
DIGEST: WHERE THE CONTRACTING AGENCY PROCEEDS WITH BID OPENING AS SCHEDULED WITHOUT TAKING ANY ACTION IN RESPONSE TO A PROTEST, THAT ACTION CONSTITUTES THE INITIAL ADVERSE ACTION FROM WHICH THE TIMELINESS OF A SUBSEQUENT PROTEST TO GAO IS MEASURED.
ELECTRONIC SYSTEMS U.S.A., INC.:
ELECTRONIC SYSTEMS U.S.A., INC. (ELECTRONIC), PROTESTS AGAINST THE SPECIFICATIONS IN INVITATION FOR BIDS (IFB) NO. N62467-82-B-0117 ISSUED BY THE NAVAL FACILITIES ENGINEERING COMMAND (NAVY) FOR AUTOMATIC SPACE TEMPERATURE CONTROL SYSTEMS AT THE PRECISION MEASUREMENT EQUIPMENT LABORATORY, KEESLER AIR FORCE BASE, BILOXI, MISSISSIPPI.
ELECTRONIC CONTENDS THAT AMENDMENT NO. 0003 TO THE IFB, WHICH REQUIRES THAT SUPERVISION AND PROGRAMMING FOR THE ENERGY MONITORING AND CONTROL SYSTEM BE PROVIDED BY HONEYWELL, INC., IS UNDULY RESTRICTIVE OF COMPETITION.
UPON REVIEW OF THE RECORD, WE FIND THE PROTEST TO BE UNTIMELY.
THE AMENDMENT WAS ISSUED ON FEBRUARY 8, 1982. ELECTRONIC PROTESTED TO THE NAVY ON FEBRUARY 18, 1982, THE DATE SCHEDULED FOR BID OPENING. NOTWITHSTANDING THE PROTEST, THE NAVY OPENED BIDS AS SCHEDULED WITHOUT FURTHER AMENDING THE IFB. BY LETTER OF MARCH 15, 1982, THE NAVY DENIED ELECTRONIC'S PROTEST. ELECTRONIC'S MARCH 18 PROTEST TELEGRAM WAS FILED (RECEIVED) WITH OUR OFFICE ON MARCH 23, 1982.
OUR BID PROTEST PROCEDURES REQUIRE THAT, WHERE A PROTEST HAS BEEN FILED WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO OUR OFFICE BE FILED WITHIN 10 WORKING DAYS AFTER THE PROTESTER RECEIVES NOTICE OF THE CONTRACTING AGENCY'S INITIAL ADVERSE ACTION ON