B-215778, JUL 20, 1984, 84-2 CPD 77

B-215778: Jul 20, 1984

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IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS. GMI COMPLAINS THAT THE PROCUREMENT SHOULD HAVE BEEN SET ASIDE FOR SMALL BUSINESS AND LABOR SURPLUS AREA CONCERNS. OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST DATE FOR RECEIPT OF INITIAL PROPOSALS MUST BE FILED WHICH ARE APPARENT PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS MUST BE FILED PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. THE OBJECTION TO THE AGENCY'S FAILURE TO SET ASIDE THE SOLICITATION SHOULD THEREFORE HAVE BEEN LODGED PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. THIS PROTEST IS UNTIMELY. THE PROTEST IS DISMISSED.

B-215778, JUL 20, 1984, 84-2 CPD 77

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO BID OPENING/CLOSING DATE - FOR PROPOSALS DIGEST: PROTEST CONCERNING AGENCY'S FAILURE TO RESTRICT SOLICITATION TO SMALL BUSINESS AND LABOR SURPLUS AREA CONCERNS, FILED AFTER AWARD OF CONTRACT, IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.

GMI INDUSTRIES, INC.:

GMI INDUSTRIES, INC. PROTESTS THE AWARD OF CONTRACT NO. N00600-83-R 5497 BY THE DEPARTMENT OF THE NAVY. GMI COMPLAINS THAT THE PROCUREMENT SHOULD HAVE BEEN SET ASIDE FOR SMALL BUSINESS AND LABOR SURPLUS AREA CONCERNS.

OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST DATE FOR RECEIPT OF INITIAL PROPOSALS MUST BE FILED WHICH ARE APPARENT PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS MUST BE FILED PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. SEE 4 C.F.R. SEC. 21.2(B)(1) (1984). THE OBJECTION TO THE AGENCY'S FAILURE TO SET ASIDE THE SOLICITATION SHOULD THEREFORE HAVE BEEN LODGED PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS, AS APPLICABLE. SEE, E.G., FIREBAUGH & REYNOLDS ROOFING CO., B-213485, NOV. 10, 1983, 83-2 CPD PARA. 549. THEREFORE, THIS PROTEST IS UNTIMELY.

THE PROTEST IS DISMISSED.

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