B-231801, Jul 25, 1988, 88-2 CPD 80
Highlights
PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - Apparent solicitation improprieties PROCUREMENT - Sealed Bidding - Invitations for bids - Evaluation criteria - Prices - Options DIGEST: Protest that contracting agency improperly evaluated protester's bid by adding the option quantity price to the initial quantity price is dismissed because the solicitation provided for evaluation of bids on that basis. Bids must be evaluated on the same basis on which they were invited. Protest that this evaluation method was wrong is untimely. Since it concerns an alleged impropriety in the solicitation but was not filed before bid opening. Comspace contends that the agency should not have evaluated option quantity prices in determining the low bidder.
B-231801, Jul 25, 1988, 88-2 CPD 80
PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - Apparent solicitation improprieties PROCUREMENT - Sealed Bidding - Invitations for bids - Evaluation criteria - Prices - Options DIGEST: Protest that contracting agency improperly evaluated protester's bid by adding the option quantity price to the initial quantity price is dismissed because the solicitation provided for evaluation of bids on that basis, and bids must be evaluated on the same basis on which they were invited. Protest that this evaluation method was wrong is untimely, since it concerns an alleged impropriety in the solicitation but was not filed before bid opening.
Comspace Corporation:
Comspace Corporation protests that the Social Security Administration (SSA) improperly evaluated its bid for item No. 1 in invitation for bids (IFB) No. SAA-IFB-88-0135, issued for cable and related supplies. Comspace contends that the agency should not have evaluated option quantity prices in determining the low bidder.
We dismiss the protest.
The IFB specifically advised potential bidders that, for purposes of award, bids would be evaluated by adding the total price for all optional quantities to the total price for all initial quantities. Since bids must be evaluated on the same basis on which they were invited, there is no legal merit to Comspace's argument. Moreover, to the extent Comspace thinks the IFB should not have provided for option price consideration, our Bid Protest Regulations require that a protest of alleged improprieties in a solicitation that are apparent prior to bid opening be filed before then. 4 C.F.R. Sec. 21.2(a) (1988). Comspace's protest, however, was filed after bid opening.