B-214674, APR 11, 1984

B-214674: Apr 11, 1984

Additional Materials:

Contact:

Ralph O. White
(202) 512-8278
WhiteRO@gao.gov

Kenneth E. Patton
(202) 512-8205
PattonK@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DIGEST: A BID PROTEST NOT RECEIVED IN OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN IS UNTIMELY UNDER OUR BID PROTEST PROCEDURES. WILL NOT BE CONSIDERED. SINCE THE PROTEST SHOWS ON ITS FACE THAT IT IS UNTIMELY. MIDWEST WAS NOTIFIED BY A LETTER OF FEBRUARY 2. PROVIDES THAT TO BE CONSIDERED TIMELY A PROTEST MUST BE RECEIVED IN OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. THE PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL MARCH 16. THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED.

B-214674, APR 11, 1984

DIGEST: A BID PROTEST NOT RECEIVED IN OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN IS UNTIMELY UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.2(B)(2) (1983), AND WILL NOT BE CONSIDERED.

MIDWEST SPECIALTIES:

MIDWEST SPECIALTIES (MIDWEST) PROTESTS AWARD OF A CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. DAAE07-84-B-J140 ISSUED BY THE DEPARTMENT OF THE ARMY (ARMY).

WE DISMISS THE PROTEST WITHOUT OBTAINING A REPORT FROM THE CONTRACTING AGENCY, IN ACCORDANCE WITH SECTION 21.3 OF OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.3, AS AMENDED, JANUARY 17, 1983, 48 FED.REG. 1931 (1983), SINCE THE PROTEST SHOWS ON ITS FACE THAT IT IS UNTIMELY.

MIDWEST WAS NOTIFIED BY A LETTER OF FEBRUARY 2, 1984, THAT THE BIDS HAD BEEN OPENED PREMATURELY ON JANUARY 31, 1984, AND RESEALED FOR OPENING ON THE SCHEDULED DATE OF MARCH 2, 1984. MIDWEST CONTENDS THAT THE PREMATURE OPENING DATE SHOULD BE SUBSTITUTED FOR THE SCHEDULED BID OPENING DATE.

THE ARMY HAS ADVISED OUR OFFICE THAT THE CONTRACTING OFFICER PHONED ALL BIDDERS BETWEEN JANUARY 31 AND FEBRUARY 2 WITH ORAL NOTIFICATION OF THE PREMATURE BID OPENING, AND CONFIRMED THIS BY LETTER DATED FEBRUARY 2, 1984.

SECTION 21.2(B)(2) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.2(B)(2) (1983), PROVIDES THAT TO BE CONSIDERED TIMELY A PROTEST MUST BE RECEIVED IN OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN.

MIDWEST KNEW THE BASIS OF ITS PROTEST ON OR ABOUT FEBRUARY 2, 1984, BUT THE PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL MARCH 16, 1984, ABOUT 30 WORKING DAYS LATER. THEREFORE, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED.

WE DISMISS THE PROTEST.

Oct 30, 2020

Oct 29, 2020

Oct 28, 2020

Looking for more? Browse all our products here