B-199946, SEP 4, 1980
Highlights
DIGEST: PROTEST AGAINST AWARD OF CONTRACT FOR ACQUISITION OF COMPUTER HARDWARE IS UNTIMELY BECAUSE BASIS FOR PROTEST. WAS APPARENT ON FACE OF SOLICITATION AND PROTEST WAS NOT SUBMITTED PRIOR TO DATE FOR RECEIPT OF INITIAL PROPOSALS. THE SUCCESSFUL OFFEROR WILL BE REQUIRED UNDER THE TERMS OF THE REQUEST FOR PROPOSALS TO TRAIN SELECTED PERSONNEL IN THE OPERATION OF CERTAIN PROPRIETARY SOFTWARE WRITTEN BY ANOTHER VENDOR. CHAMA CONTENDS THAT THIS LATTER REQUIREMENT WAS INCORPORATED IN THE REQUEST FOR PROPOSALS IN ORDER TO ENSURE A SOLE-SOURCE AWARD TO THE WRITER OF THE SOFTWARE. THE REQUIREMENT FOR THIS TRAINING WAS CLEARLY STATED IN THE REQUEST FOR PROPOSALS. INITIAL PROPOSALS WERE DUE BY JULY 14.
B-199946, SEP 4, 1980
DIGEST: PROTEST AGAINST AWARD OF CONTRACT FOR ACQUISITION OF COMPUTER HARDWARE IS UNTIMELY BECAUSE BASIS FOR PROTEST, REQUIREMENT FOR TRAINING OF AGENCY PERSONNEL IN USE OF SPECIFIC SOFTWARE ALLEGEDLY TO EFFECT SOLE-SOURCE PROCUREMENT, WAS APPARENT ON FACE OF SOLICITATION AND PROTEST WAS NOT SUBMITTED PRIOR TO DATE FOR RECEIPT OF INITIAL PROPOSALS.
CHAMA CORPORATION:
CHAMA CORPORATION PROTESTS THE IMPENDING AWARD OF A CONTRACT BY THE PHOENIX (ARIZONA) JOB CORPS CENTER FOR THE ACQUISITION OF COMPUTER HARDWARE. THE SUCCESSFUL OFFEROR WILL BE REQUIRED UNDER THE TERMS OF THE REQUEST FOR PROPOSALS TO TRAIN SELECTED PERSONNEL IN THE OPERATION OF CERTAIN PROPRIETARY SOFTWARE WRITTEN BY ANOTHER VENDOR. CHAMA CONTENDS THAT THIS LATTER REQUIREMENT WAS INCORPORATED IN THE REQUEST FOR PROPOSALS IN ORDER TO ENSURE A SOLE-SOURCE AWARD TO THE WRITER OF THE SOFTWARE.
THE REQUIREMENT FOR THIS TRAINING WAS CLEARLY STATED IN THE REQUEST FOR PROPOSALS. INITIAL PROPOSALS WERE DUE BY JULY 14, 1980. CHAMA'S PROTEST WAS FILED WITH BOTH OUR OFFICE AND THE DEPARTMENT OF LABOR AFTER THIS DATE.
OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1980), REQUIRE THAT PROTESTS AGAINST ALLEGED IMPROPRIETIES APPARENT ON THE FACE OF A SOLICITATION BE FILED PRIOR TO THE DATE SET FOR RECEIPT OF INITIAL PROPOSALS. 4 C.F.R. SEC. 20.2(B)(1). CHAMA'S PROTEST WAS FILED AFTER THIS DATE AND IS THEREFORE UNTIMELY.
THE PROTEST IS DISMISSED.