B-205842, MAR 8, 1982
Highlights
DIGEST: PROTEST OF ALLEGED IMPROPRIETIES IN INVITATION FOR BIDS FILED AFTER BID OPENING IS UNTIMELY AND IS DISMISSED SINCE GAO BID PROTEST PROCEDURES REQUIRE FILING PRIOR TO BID OPENING. ALTHOUGH THE BID OPENING DATE WAS NOVEMBER 19. SHARP'S PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL WELL AFTER THAT DATE. THIS PROTEST IS CLEARLY UNTIMELY UNDER OUR BID PROTEST PROCEDURES. WHICH REQUIRE THAT PROTESTS BASED ON ALLEGED IMPROPRIETIES IN AN INVITATION FOR BIDS WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING. AS SHARP'S PROTEST WAS FILED AFTER BID OPENING. IT IS DISMISSED.
B-205842, MAR 8, 1982
DIGEST: PROTEST OF ALLEGED IMPROPRIETIES IN INVITATION FOR BIDS FILED AFTER BID OPENING IS UNTIMELY AND IS DISMISSED SINCE GAO BID PROTEST PROCEDURES REQUIRE FILING PRIOR TO BID OPENING.
SHARP ELECTRONICS CORPORATION:
SHARP ELECTRONICS CORPORATION PROTESTS THE COMMERCIAL ITEM DESCRIPTIONS USED BY THE GENERAL SERVICES ADMINISTRATION IN SOLICITATION NO. FCGE-Y1- 75213-A-11-19-81. SHARP CONTENDS, AMONG OTHER THINGS, THAT THESE DESCRIPTIONS DO NOT TAKE INTO CONSIDERATION THE QUALITY OF THE PRODUCT, DIFFICULTY OF INSTALLATION, LACK OF OPERATION INSTRUCTIONS OR ABSENCE OF IN-HOUSE SERVICE. ALTHOUGH THE BID OPENING DATE WAS NOVEMBER 19, 1981, SHARP'S PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL WELL AFTER THAT DATE.
THIS PROTEST IS CLEARLY UNTIMELY UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.2(B)(1) (1981), WHICH REQUIRE THAT PROTESTS BASED ON ALLEGED IMPROPRIETIES IN AN INVITATION FOR BIDS WHICH ARE APPARENT PRIOR TO BID OPENING BE FILED PRIOR TO BID OPENING. AS SHARP'S PROTEST WAS FILED AFTER BID OPENING, IT IS DISMISSED.