B-214721, APR 16, 1984
Highlights
WHICH WAS NOT RECEIVED UNTIL AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY UNDER BID PROTEST PROCEDURES AND WILL NOT BE CONSIDERED. THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS WAS FEBRUARY 24. THE PROTEST WAS RECEIVED IN OUR OFFICE ON MARCH 20. MILLER AND WHEATLEY CONTEND THAT THE PROTEST IS TIMELY BECAUSE THE ACQUISITION WAS NOT AN ADVERTISED PROCUREMENT AND HAS BEEN FILED PRIOR TO THE EFFECTIVE DATE OF THE CONTRACT. SINCE THIS PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS. THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED.
B-214721, APR 16, 1984
DIGEST: PROTEST, ALLEGING A DEFECT IN A REQUEST FOR PROPOSALS, WHICH WAS NOT RECEIVED UNTIL AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS IS UNTIMELY UNDER BID PROTEST PROCEDURES AND WILL NOT BE CONSIDERED.
WILLA J. MILLER; WANDA F. WHEATLEY:
WILLA J. MILLER (MILLER) AND WANDA F. WHEATLEY (WHEATLEY) PROTEST AS UNDULY RESTRICTIVE THE PROVISIONS OF REQUEST FOR PROPOSALS (RFP) NO. DABT 11-84-R-0008 ISSUED BY THE DEPARTMENT OF THE ARMY.
WE DISMISS THE PROTEST.
THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS WAS FEBRUARY 24, 1984. THE PROTEST WAS RECEIVED IN OUR OFFICE ON MARCH 20, 1984.
MILLER AND WHEATLEY CONTEND THAT THE PROTEST IS TIMELY BECAUSE THE ACQUISITION WAS NOT AN ADVERTISED PROCUREMENT AND HAS BEEN FILED PRIOR TO THE EFFECTIVE DATE OF THE CONTRACT. HOWEVER, ON NEGOTIATED PROCUREMENTS, OUR BID PROTEST PROCEDURES REQUIRE THAT THE PROTEST ALLEGING A DEFECT IN THE RFP BE FILED PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS. C.F.R. SEC. 21.2(B)(1) (1983); CANAVERAL TOWING & SALVAGE, INC., B-211627.2, B-211627.5, B-211627.6, DECEMBER 16, 1983, 83-2 CPD 702.
SINCE THIS PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED.