B-196193, OCT 12, 1979
Highlights
CONTENDING MANNER OF EVALUATING PROPOSED COSTS SET FORTH IN SOLICITATION IS IMPROPER. IS UNTIMELY UNDER 4 C.F.R. RONALD CAMPBELL COMPANY: RONALD CAMPBELL COMPANY HAS PROTESTED THE MANNER IN WHICH OFFERORS' PRICES WILL BE EVALUATED UNDER FOUR DIFFERENT SOLICITATIONS ISSUED BY THE UNITED STATES MEDICAL R&D COMMAND. CAMPBELL'S PROTEST WAS NOT FILED IN OUR OFFICE UNTIL SEPTEMBER 27. IS THEREFORE UNTIMELY UNDER 4 C.F.R. SECTION 20.2(B)(1) REQUIRES PROTESTS BASED UPON ALLEGED IMPROPRIETIES WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS BE FILED PRIOR TO SUCH CLOSING DATE. CAMPBELL'S PROTEST WAS SENT VIA REGISTERED MAIL TO OUR OFFICE. IF THE PROTEST WAS SENT BY REGISTERED MAIL AND THE POSTMARK DATE IS NOT LATER THAT THE FIFTH DAY PRIOR TO THE FINAL DATE FOR FILING A PROTEST.
B-196193, OCT 12, 1979
DIGEST: PROTEST, FILED AFTER CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS, CONTENDING MANNER OF EVALUATING PROPOSED COSTS SET FORTH IN SOLICITATION IS IMPROPER, IS UNTIMELY UNDER 4 C.F.R. SEC. 20.2(B)(1) (1979).
RONALD CAMPBELL COMPANY:
RONALD CAMPBELL COMPANY HAS PROTESTED THE MANNER IN WHICH OFFERORS' PRICES WILL BE EVALUATED UNDER FOUR DIFFERENT SOLICITATIONS ISSUED BY THE UNITED STATES MEDICAL R&D COMMAND, FORT DETRICK, MARYLAND, FOR MAGAZINE SUBSCRIPTIONS.
ONE OF THE SOLICITATIONS HAD A PROPOSAL DUE DATE OF SEPTEMBER 25, 1979, AND THE OTHER THREE SOLICITATIONS REQUIRED PROPOSALS BE SUBMITTED BY SEPTEMBER 26, 1979.
CAMPBELL'S PROTEST WAS NOT FILED IN OUR OFFICE UNTIL SEPTEMBER 27, 1979, AND IS THEREFORE UNTIMELY UNDER 4 C.F.R. SEC. 20.2(B)(1) (1979) OF OUR BID PROTEST PROCEDURES. SECTION 20.2(B)(1) REQUIRES PROTESTS BASED UPON ALLEGED IMPROPRIETIES WHICH ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS BE FILED PRIOR TO SUCH CLOSING DATE.
CAMPBELL'S PROTEST WAS SENT VIA REGISTERED MAIL TO OUR OFFICE. SECTION 20.2(B)(3) OF OUR PROCEDURES PERMITS THE REVIEW OF PROTESTS FILED UNTIMELY, IF THE PROTEST WAS SENT BY REGISTERED MAIL AND THE POSTMARK DATE IS NOT LATER THAT THE FIFTH DAY PRIOR TO THE FINAL DATE FOR FILING A PROTEST. CAMPBELL'S PROTEST IS POSTMARKED SEPTEMBER 22, 1979, AND, THEREFORE, THIS EXCEPTION DOES NOT APPLY.
THE PROTEST IS DISMISSED.