B-196706, NOV 29, 1979

B-196706: Nov 29, 1979

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DIGEST: PROTEST AGAINST IMPROPRIETIES IN SOLICITATION APPARENT PRIOR TO BID OPENING IS UNTIMELY AND NOT FOR CONSIDERATION AS FILED AFTER BID OPENING. A STIPULATION THAT: "*** NO PART OF THE SERVICES COVERED BY THIS CHAPTER WILL BE PERFORMED IN BUILDINGS OR SURROUNDINGS OR UNDER WORKING CONDITIONS. WHICH ARE UNSANITARY OR HAZARDOUS OR DANGEROUS TO THE HEALTH OR SAFETY OF SERVICE EMPLOYEES ENGAGED TO FURNISH THE SERVICES.". IT IS CONTENDED THAT THE FAILURE TO INCLUDE THIS STIPULATION WOULD ALLEGEDLY CAUSE THE CONTRACTOR UPON CONTRACT EXECUTION TO BREACH HIS DUTY UNDER 41 C.F.R. THE PROTEST WAS RECEIVED BY OUR OFFICE ON NOVEMBER 7. WE ARE ADVISED THAT BID OPENING OCCURRED ON NOVEMBER 6. NO PROTEST WAS RECEIVED BY THE AGENCY PRIOR THERETO.

B-196706, NOV 29, 1979

DIGEST: PROTEST AGAINST IMPROPRIETIES IN SOLICITATION APPARENT PRIOR TO BID OPENING IS UNTIMELY AND NOT FOR CONSIDERATION AS FILED AFTER BID OPENING.

HOEDADS CO-OP INCORPORATED:

HOEDADS CO-OP INCORPORATED PROTESTS BY LETTER OF OCTOBER 30, 1979, THE FAILURE OF THE BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR, TO INCLUDE IN ITS INVITATION FOR BIDS NO. YA-554-IFBO-27, PURSUANT TO THE MCNAMARA-O'HARA SERVICE CONTRACT ACT OF 1965, 41 U.S.C. SEC. 351, ET SEQ. (1976), A STIPULATION THAT:

"*** NO PART OF THE SERVICES COVERED BY THIS CHAPTER WILL BE PERFORMED IN BUILDINGS OR SURROUNDINGS OR UNDER WORKING CONDITIONS, PROVIDED BY OR UNDER THE CONTROL OR SUPERVISION OF THE CONTRACTOR OR ANY SUBCONTRACTOR, WHICH ARE UNSANITARY OR HAZARDOUS OR DANGEROUS TO THE HEALTH OR SAFETY OF SERVICE EMPLOYEES ENGAGED TO FURNISH THE SERVICES."

IN ADDITION, IT IS CONTENDED THAT THE FAILURE TO INCLUDE THIS STIPULATION WOULD ALLEGEDLY CAUSE THE CONTRACTOR UPON CONTRACT EXECUTION TO BREACH HIS DUTY UNDER 41 C.F.R. SEC. 50-204.2(A) (1979) TO PROTECT THE HEALTH AND SAFETY OF HIS WORKERS.

THE PROTEST WAS RECEIVED BY OUR OFFICE ON NOVEMBER 7. WE ARE ADVISED THAT BID OPENING OCCURRED ON NOVEMBER 6, AND NO PROTEST WAS RECEIVED BY THE AGENCY PRIOR THERETO. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING MUST BE FILED PRIOR TO BID OPENING. C.F.R. SEC. 20.2(B)(1) (1979). CONSEQUENTLY, THE INSTANT PROTEST IS UNTIMELY AND NOT FOR OUR CONSIDERATION.