B-195453, AUG 6, 1979
Highlights
DIGEST: PROTEST AGAINST ALLEGED IMPROPRIETIES IN RFP FILED 10 MINUTES AFTER CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS IS UNTIMELY AND NOT FOR CONSIDERATION. DUN'S CONTENDS THAT THE SOLICITATION IS RESTRICTIVE IN NATURE AND NOT IN THE BEST INTEREST OF THE GOVERNMENT. THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS WAS SET FOR 4:00 P.M. DUN'S PROTEST TO OUR OFFICE WAS HAND CARRIED AND RECEIVED AT 4:10 P.M. AS FOLLOWS: "PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. ***" SINCE DUN'S PROTEST WAS FILED (RECEIVED) WITH OUR OFFICE 10 MINUTES AFTER THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS.
B-195453, AUG 6, 1979
DIGEST: PROTEST AGAINST ALLEGED IMPROPRIETIES IN RFP FILED 10 MINUTES AFTER CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS IS UNTIMELY AND NOT FOR CONSIDERATION.
DUN'S MARKETING SERVICES:
DUN'S MARKETING SERVICES (DUN'S) PROTESTS AGAINST ALLEGED IMPROPRIETIES IN REQUEST FOR PROPOSALS (RFP) NO. 79-7, ISSUED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
DUN'S CONTENDS THAT THE SOLICITATION IS RESTRICTIVE IN NATURE AND NOT IN THE BEST INTEREST OF THE GOVERNMENT. THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS WAS SET FOR 4:00 P.M., JULY 16, 1979. DUN'S PROTEST TO OUR OFFICE WAS HAND CARRIED AND RECEIVED AT 4:10 P.M., JULY 16.
SECTION 20.2(B)(1) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1978), PROVIDES, IN PERTINENT PART, AS FOLLOWS:
"PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. ***"
SINCE DUN'S PROTEST WAS FILED (RECEIVED) WITH OUR OFFICE 10 MINUTES AFTER THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS, DUN'S PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION. SOMERVELL & ASSOCIATES, LTD., B-192426, AUGUST 18, 1978, 78-2 CPD 132, AFFIRMED SEPTEMBER 18, 1978, 78-2 CPD 208.
THE PROTEST IS DISMISSED.