B-244870, Aug 28, 1991, 91-2 CPD ***
Highlights
PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - Apparent solicitation improprieties DIGEST: Protest that solicitation bond requirements are contrary to regulation and unduly restrictive of competition is dismissed as untimely when filed after bid opening. The protester contends that the bonding requirements are contrary to regulation and unduly restrictive on small business concerns since the expense of obtaining the bonds makes it difficult for small businesses to compete. Our Office will not consider a protest such as this which challenges the inclusion of bond requirements in a solicitation unless it is filed prior to bid opening since the protest is based upon alleged apparent solicitation improprieties.
B-244870, Aug 28, 1991, 91-2 CPD ***
PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - Apparent solicitation improprieties DIGEST: Protest that solicitation bond requirements are contrary to regulation and unduly restrictive of competition is dismissed as untimely when filed after bid opening.
Attorneys
Iowa-Illinois Cleaning Co.:
Iowa-Illinois Cleaning Co. protests the bid and performance bond requirements in invitation for bids (IFB) No. GS-04P-91EWC-0054, issued by the General Services Administration as a total small business set aside for janitorial services. The protester contends that the bonding requirements are contrary to regulation and unduly restrictive on small business concerns since the expense of obtaining the bonds makes it difficult for small businesses to compete. We dismiss the protest as untimely.
Our Office will not consider a protest such as this which challenges the inclusion of bond requirements in a solicitation unless it is filed prior to bid opening since the protest is based upon alleged apparent solicitation improprieties. See Bid Protest Regulations, 56 Fed.Reg. 3,759 (1991) (to be codified at 4 C.F.R. Sec. 21.2(a)(1) (1991)). Here, the solicitation containing the bonding requirements was issued on June 5, 1991, with a July 9 bid opening date. If IowaIllinois believed that the bond requirements contained in the IFB were improper, it was required to protest prior to the July 9 bid opening. Since the protest was filed on July 22, it is untimely and will not be considered. See Trail-Blazer Constr., B-244144 et al., June 6, 1991, 91-1 CPD Para. 543.
The protest is dismissed.