B-216788, OCT 29, 1984, 84-2 CPD 476

B-216788: Oct 29, 1984

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CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO CLOSING DATE FOR RECEIPT OF QUOTATIONS DIGEST: PROTEST AGAINST PROCURING ACTIVITY'S FAILURE TO INCLUDE WAGE RATE DETERMINATION IN REQUEST FOR QUOTATIONS IS DISMISSED AS UNTIMELY SINCE IT WAS NOT FILED BEFORE THE CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS. THE PROCEDURES WERE UNFAIR. THE USIA INFORMALLY ADVISES US THAT THE CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS WAS SEPTEMBER 16. WRC'S PROTEST WAS FILED ON OCTOBER 12. OUR BID PROTEST PROCEDURES PROVIDE THAT PROTEST OF ALLEGED IMPROPRIETIES IN AN RFQ WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS MUST BE FILED IN OUR OFFICE PRIOR TO THAT DATE.

B-216788, OCT 29, 1984, 84-2 CPD 476

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO CLOSING DATE FOR RECEIPT OF QUOTATIONS DIGEST: PROTEST AGAINST PROCURING ACTIVITY'S FAILURE TO INCLUDE WAGE RATE DETERMINATION IN REQUEST FOR QUOTATIONS IS DISMISSED AS UNTIMELY SINCE IT WAS NOT FILED BEFORE THE CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS.

WORKSHOPS FOR RETARDED CITIZENS, INC.:

WORKSHOPS FOR RETARDED CITIZENS, INC. (WRC) PROTESTS THE FAILURE OF THE UNITED STATES INFORMATION AGENCY (USIA) TO INCLUDE A SERVICE CONTRACT ACT WAGE RATE DETERMINATION IN REQUEST FOR QUOTATIONS (RFQ) NO. 137-23-4 FOR JANITORIAL SERVICES TO BE PERFORMED AT THE BETHANY RELAY STATION TRANSMITTER PLANT, MASON, OHIO. WRC CONTENDS THAT AS A RESULT OF THE OMISSION OF A WAGE RATE DETERMINATION FROM THE RFQ, THE PROCEDURES WERE UNFAIR. WE DISMISS THE PROTEST AS UNTIMELY.

THE USIA INFORMALLY ADVISES US THAT THE CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS WAS SEPTEMBER 16, 1984. WRC'S PROTEST WAS FILED ON OCTOBER 12, 1984.

OUR BID PROTEST PROCEDURES PROVIDE THAT PROTEST OF ALLEGED IMPROPRIETIES IN AN RFQ WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL QUOTATIONS MUST BE FILED IN OUR OFFICE PRIOR TO THAT DATE. C.F.R. 21.2(B)(1) (1984). THE ALLEGED IMPROPRIETY WAS APPARENT PRIOR TO THE SEPTEMBER 16, 1984 CLOSING DATE. SINCE THE PROTEST WAS NOT FILED UNTIL AFTER THE CLOSING DATE, THE PROTEST WILL NOT BE CONSIDERED. INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES AND MOVING MACHINE OPERATORS OF THE U.S. AND CANADA, B-212328, JULY 28, 1983, 83-2 CPD PARA. 140.

THE PROTEST IS DISMISSED.

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