B-182270, OCT 16, 1974

B-182270: Oct 16, 1974

Additional Materials:

Contact:

Ralph O. White
(202) 512-8278
WhiteRO@gao.gov

Kenneth E. Patton
(202) 512-8205
PattonK@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

SINCE PROTEST THAT RFP IS INVALID BECAUSE NO CONTRACTOR EXISTS WHICH HAS REQUISITE QUALIFICATIONS AND THAT RFP IS SELF-CONTRADICTORY AND UNCLEAR CONCERNS ALLEGED IMPROPRIETIES IN SOLICITATION WHICH WERE APPARENT PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS AND WAS NOT FILED WITH GAO UNTIL AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS. PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION UNDER GAO PROTEST STANDARDS. NCI-CB-53858-33 WAS ISSUED BY THE DEPARTMENT OF HEALTH. THE CLOSING TIME FOR RECEIPT OF PROPOSALS WAS 5:00 P.M. WE HAVE BEEN INFORMALLY ADVISED BY THE PROCURING ACTIVITY THAT NBRF SUBMITTED A PROPOSAL IN RESPONSE TO THE ABOVE-REFERENCED SOLICITATION. NBRF PROTESTED THAT THE RFP WAS INVALID FOR THE FOLLOWING REASONS: (1) NO CONTRACTOR EXISTS WHICH HAS THE REQUISITE QUALIFICATIONS.

B-182270, OCT 16, 1974

SINCE PROTEST THAT RFP IS INVALID BECAUSE NO CONTRACTOR EXISTS WHICH HAS REQUISITE QUALIFICATIONS AND THAT RFP IS SELF-CONTRADICTORY AND UNCLEAR CONCERNS ALLEGED IMPROPRIETIES IN SOLICITATION WHICH WERE APPARENT PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS AND WAS NOT FILED WITH GAO UNTIL AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS, PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION UNDER GAO PROTEST STANDARDS.

NATIONAL BIOMEDICAL RESEARCH FOUNDATION:

REQUEST FOR PROPOSALS (RFP) NO. NCI-CB-53858-33 WAS ISSUED BY THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE (DHEW), PUBLIC HEALTH SERVICE, NATIONAL INSTITUTES OF HEALTH (NIH), FOR THE DEVELOPMENT AND EVALUATION OF COMPUTERIZED TRANSAXIAL X-RAY RECONSTRUCTION. THE CLOSING TIME FOR RECEIPT OF PROPOSALS WAS 5:00 P.M., SEPTEMBER 16, 1974.

BY LETTER DATED JULY 26, 1974, ADDRESSED TO THE CONTRACTING OFFICER, NATIONAL BIOMEDICAL RESEARCH FOUNDATION (NBRF), REQUESTED CLARIFICATION OF CERTAIN PORTIONS OF THE SOLICITATION. THE CONTRACTING OFFICER RESPONDED TO NBRF'S LETTER ON AUGUST 7, 1974.

WE HAVE BEEN INFORMALLY ADVISED BY THE PROCURING ACTIVITY THAT NBRF SUBMITTED A PROPOSAL IN RESPONSE TO THE ABOVE-REFERENCED SOLICITATION.

BY LETTER DATED SEPTEMBER 17, 1974, TO OUR OFFICE, NBRF PROTESTED THAT THE RFP WAS INVALID FOR THE FOLLOWING REASONS: (1) NO CONTRACTOR EXISTS WHICH HAS THE REQUISITE QUALIFICATIONS; (2) THE RFP IS SELF CONTRADICTORY; AND (3) THE RFP IS UNCLEAR.

SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS PROVIDES THAT:

"***PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPEARENT PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF PROPOSALS SHALL BE FILED PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF PROPOSALS. ***"

THESE TIME LIMITS ARE INTENDED TO PROVIDE AN EFFECTIVE AND EQUITABLE PROCESSING PROCEDURE AND MUST, THEREFORE, BE OBSERVED.

ALTHOUGH THE PROTEST OF NBRF CONCERNS ALLEGED IMPROPRIETIES IN THE SOLICITATION WHICH WERE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF PROPOSALS, IT WAS NOT FILED WITH OUR OFFICE UNTIL AFTER THE CLOSING DATE. UNDER THESE CIRCUMSTANCES, NBRF'S PROTEST WAS UNTIMELY FILED AND MAY NOT BE CONSIDERED ON THE MERITS.

Oct 28, 2020

Oct 27, 2020

Looking for more? Browse all our products here