B-215056, MAY 4, 1984

B-215056: May 4, 1984

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ARGUS CONTENDS THAT THE IFB SPECIFICATIONS ARE UNDULY RESTRICTIVE AND PROPRIETARY TO THE DESIGN OF ANOTHER COMPANY. REQUIRE THAT PROTESTS BASED ON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING. 4 C.F.R. BID OPENING WAS APRIL 23. SINCE THIS PROTEST WAS NOT FILED PRIOR TO BID OPENING. IT IS UNTIMELY. THE PROTEST IS DISMISSED.

B-215056, MAY 4, 1984

DIGEST: PROTEST ALLEGING IMPROPRIETIES APPARENT IN A SOLICITATION MUST BE FILED PRIOR TO BID OPENING.

ARGUS INTERNATIONAL:

ARGUS INTERNATIONAL (ARGUS) PROTESTS THE ISSUING OF IFB NO. N00163 84-R- 0743 BY THE NAVAL AVIONICS CENTER. ARGUS CONTENDS THAT THE IFB SPECIFICATIONS ARE UNDULY RESTRICTIVE AND PROPRIETARY TO THE DESIGN OF ANOTHER COMPANY. WE DISMISS THE PROTEST AS UNTIMELY.

OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1984), REQUIRE THAT PROTESTS BASED ON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING. 4 C.F.R. SEC. 21.2(B)(1). BID OPENING WAS APRIL 23, 1984; ARGUS FILED ITS PROTEST WITH US ON APRIL 27, 1984. SINCE THIS PROTEST WAS NOT FILED PRIOR TO BID OPENING, IT IS UNTIMELY. PLURIBUS PRODUCTS INC., B-212096, JUNE 24, 1983, 83-2 CPD 19.

THE PROTEST IS DISMISSED.

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