B-190056, SEPTEMBER 28, 1977

B-190056: Sep 28, 1977

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PROTEST AGAINST ALLEGED IMPROPRIETY IN IFB NOT FILED PRIOR TO BID OPENING IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS. THE BASIS OF HAMMER'S PROTEST IS THAT THE IFB WAS DEFECTIVE IN THAT IT DID NOT CONTAIN SPECIFIC MAN-LOADING FIGURES AND CONTAINED A LIABILITY AND HOLD-HARMLESS CLAUSE. THAT THE REQUEST WAS SUBMITTED TOO CLOSE TO BID OPENING TO ALLOW THE CLARIFICATION TO BE SENT TO ALL BIDDERS. BIDS WERE OPENED AT 3:30 P.M. WHICH WAS RECEIVED AT WESTERN UNION. A PROTEST WAS FILED (RECEIVED) WITH THIS OFFICE ON SEPTEMBER 6. THE PROPER TIME TO PROTEST A DEFECTIVE SOLICITATION PROVISION UNDER OUR BID PROTEST PROCEDURES IS PRIOR TO BID OPENING. 4 C.F.R. 20.2(B)(1) (1977). A TIMELY PROTEST OF SUCH A SOLICITATION PROVISION GIVES THE PROCURING AGENCY THE OPPORTUNITY TO CORRECT THE SOLICITATION BY ISSUING AMENDMENTS BEFORE BIDS ARE OPENED AND PRICES REVEALED.

B-190056, SEPTEMBER 28, 1977

PROTEST AGAINST ALLEGED IMPROPRIETY IN IFB NOT FILED PRIOR TO BID OPENING IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS.

HAMMER SECURITY SERVICE OF CALIFORNIA INC.:

HAMMER SECURITY SERVICE OF CALIFORNIA INC. (HAMMER) HAS PROTESTED AGAINST THE AWARD OF A CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. DAKR03-77-B- 0067, ISSUED BY THE DEPARTMENT OF THE ARMY, FORT ORD, CALIFORNIA.

THE BASIS OF HAMMER'S PROTEST IS THAT THE IFB WAS DEFECTIVE IN THAT IT DID NOT CONTAIN SPECIFIC MAN-LOADING FIGURES AND CONTAINED A LIABILITY AND HOLD-HARMLESS CLAUSE. BY LETTER DATED AUGUST 2, 1977 HAMMER REQUESTED CLARIFICATION AND ADDITIONAL INFORMATION. THE CONTRACTING OFFICER ADVISED HAMMER IN A LETTER RECEIVED AUGUST 19, 1977, THAT THE REQUEST WAS SUBMITTED TOO CLOSE TO BID OPENING TO ALLOW THE CLARIFICATION TO BE SENT TO ALL BIDDERS. BIDS WERE OPENED AT 3:30 P.M. ON AUGUST 22, 1977. HAMMER PROTESTED TO THE ARMY BY MAIL GRAM DATED AUGUST 22, 1977, WHICH WAS RECEIVED AT WESTERN UNION, FORT ORD, AT 4:01 P.M. AND DELIVERED TO THE PROCUREMENT OFFICE AT 4:19 P.M. A PROTEST WAS FILED (RECEIVED) WITH THIS OFFICE ON SEPTEMBER 6, 1977.

THE PROPER TIME TO PROTEST A DEFECTIVE SOLICITATION PROVISION UNDER OUR BID PROTEST PROCEDURES IS PRIOR TO BID OPENING. 4 C.F.R. 20.2(B)(1) (1977). A TIMELY PROTEST OF SUCH A SOLICITATION PROVISION GIVES THE PROCURING AGENCY THE OPPORTUNITY TO CORRECT THE SOLICITATION BY ISSUING AMENDMENTS BEFORE BIDS ARE OPENED AND PRICES REVEALED. SINCE HAMMER'S LETTER OF AUGUST 2 (PRIOR TO BID OPENING) WAS NOT A PROTEST BUT RATHER A REQUEST FOR CLARIFICATION, AND NO PROTEST WAS FILED WITH EITHER OUR OFFICE OR THE PROCURING AGENCY UNTIL AFTER BID OPENING, IT IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.

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