B-196380.2, JAN 2, 1980

B-196380.2, JAN 2, 1980

DIGEST: ALLEGATION CONCERNING DEFICIENCY IN IFB'S TECHNICAL INFORMATION, FILED AFTER BID OPENING, IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS.

WINSTON T. MCCLEERY, CONSULTANTS:

WINSTON T. MCCLEERY, CONSULTANTS (MCCLEERY), PROTESTS THE DISTRICT OF COLUMBIA, DEPARTMENT OF GENERAL SERVICES (D. C.), AWARD OF A CONTRACT TO CGA SOFTWARE PRODUCTS GROUP (CGA) UNDER INVITATION FOR BIDS (IFB) NO. 0682 -AA-74-0-9-BM. THE IFB SOUGHT BIDS FOR COMPUTER SOFTWARE TO BE USED BY THE DISTRICT OF COLUMBIA DEPARTMENT OF LABOR. MCCLEERY PROTESTS ON THE GROUND THAT THE SPECIFICATIONS INCLUDED IN THE IFB ARE AMBIGUOUS AND INCOMPLETE. MCCLEERY BELIEVES THAT THE SPECIFICATIONS ARE SO GENERAL THAT EVALUATION OF BIDS IS IMPOSSIBLE.

MCCLEERY DID NOT ASSERT ITS PROTEST UNTIL NOVEMBER 30, 1979.

OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BASED ON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING MUST BE FILED PRIOR TO BID OPENING. 4 C.F.R. SEC. 20.2(B)(1) (1979). THE BIDS WERE OPENED ON SEPTEMBER 19, 1979. MCCLEERY'S PROTEST WAS RECEIVED ON NOVEMBER 30, 1979. SINCE THE DEFICIENCY COMPLAINED OF IS APPARENT ON THE FACE OF THE SOLICITATION, THE PROTEST HAD TO BE RECEIVED PRIOR TO THE SEPTEMBER 19, 1979, BID OPENING IN ORDER TO BE TIMELY.

ACCORDINGLY, MCCLEERY'S PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.