B-210818.2, MAR 25, 1983
Highlights
WHICH WERE APPARENT PRIOR TO BID OPENING. IS UNTIMELY WHEN FILED AFTER BID OPENING. WE WILL NOT CONSIDER M&M'S PROTEST. WHICH IMPROPRIETIES ARE APPARENT PRIOR TO BID OPENING. BIDS WERE OPENED ON FEBRUARY 11. THE PROTEST IS DISMISSED.
B-210818.2, MAR 25, 1983
DIGEST: PROTEST AGAINST ALLEGED SPECIFICATION IMPROPRIETIES IN SOLICITATION, WHICH WERE APPARENT PRIOR TO BID OPENING, IS UNTIMELY WHEN FILED AFTER BID OPENING.
M&M SERVICES, INC.:
M&M SERVICES, INC. (M&M), PROTESTS A CHANGE IN THE SPECIFICATIONS UNDER INVITATION FOR BIDS (IFB) NO. 65501-83-B-0004 ISSUED BY ELMENDORF AIR FORCE BASE, ALASKA. M&M CONTENDS THAT THE AIR FORCE IMPROPERLY INFLATED WORKLOAD REQUIREMENTS BY ADDING WORKLOAD IN ONE AREA WITHOUT COMPENSATING FOR THE INCREASED WORKLOAD WITH CORRESPONDING REDUCTIONS OF WORKLOAD IN OTHER AREAS. M&M BELIEVES THAT THIS IMPROPER INFLATION MISLED BIDDERS WHO BID LOWER THAN M&M.
WE WILL NOT CONSIDER M&M'S PROTEST. OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST BASED UPON ALLEGED IMPROPRIETIES IN AN IFB, WHICH IMPROPRIETIES ARE APPARENT PRIOR TO BID OPENING, MUST BE FILED PRIOR TO BID OPENING. 4 C.F.R. SEC. 21 (1982); EDWARDS ENTERPRISES, INC., B-210818, MARCH 8, 1983, 83-1 CPD . BIDS WERE OPENED ON FEBRUARY 11, 1983; HOWEVER, M&M DID NOT PROTEST UNTIL FEBRUARY 22, 1983.
THE PROTEST IS DISMISSED.