B-181255, SEP 16, 1974
Highlights
PROTEST AGAINST METHOD OF EVALUATION OF PROPOSALS FILED MORE THAN 5 DAYS AFTER ADVERSE AGENCY ACTION IS UNTIMELY UNDER SECTION 20.2(A) OF GAO'S INTERIM BID PROTEST PROCEDURES AND STANDARDS. THEREFORE WILL NOT BE CONSIDERED ON ITS MERITS. WILL ACTUALLY RESULT IN A COST TO THE GOVERNMENT IN EXCESS OF INTERMEM'S PROPOSAL. INTERMEM ARGUES THAT THE METHOD OF EVALUATION CONTAINED IN THE RFP WAS DEFECTIVE. INTERMEM WAS INFORMED ON MAY 17 OF THE USE OF A RENTAL CREDIT IN EXCESS OF 100 PERCENT. THIS REQUEST WAS DENIED BY LETTER DATED MAY 31. WHICH WAS RECEIVED ON JUNE 24. THE PROTEST WAS NOT FILED WITH OUR OFFICE UNTIL JUNE 24. THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED BY OUR OFFICE ON ITS MERITS.
B-181255, SEP 16, 1974
PROTEST AGAINST METHOD OF EVALUATION OF PROPOSALS FILED MORE THAN 5 DAYS AFTER ADVERSE AGENCY ACTION IS UNTIMELY UNDER SECTION 20.2(A) OF GAO'S INTERIM BID PROTEST PROCEDURES AND STANDARDS, WHICH REQUIRES THAT PROTESTS INITIALLY FILED WITH CONTRACTING AGENCY BE FILED WITH GAO WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION, AND THEREFORE WILL NOT BE CONSIDERED ON ITS MERITS.
INTERMEM CORPORATION; CAMBRIDGE MEMORIES, INC.; ITEL COMPUTER PRODUCTS CORPORATION:
INTERMEM CORPORATION (INTERMEM) PROTESTS AGAINST AWARD OF A CONTRACT TO ITEL COMPUTER PRODUCTS CORPORATION (ITEL) UNDER REQUEST FOR PROPOSALS (RFP) DSAH00-74-R-0025, ISSUED BY THE DEFENSE SUPPLY AGENCY (DSA). INTERMEM CONTENDS THAT ACCEPTANCE OF THE ITEL OFFER, ALTHOUGH ADMITTEDLY THE LOW OFFER WHEN EVALUATED IN CONFORMANCE WITH THE RFP TERMS, WILL ACTUALLY RESULT IN A COST TO THE GOVERNMENT IN EXCESS OF INTERMEM'S PROPOSAL. THEREFORE, INTERMEM ARGUES THAT THE METHOD OF EVALUATION CONTAINED IN THE RFP WAS DEFECTIVE.
INITIALLY, INTERMEM PROTESTED TO DSA ON MAY 1, 1974, QUESTIONING THE EVALUATION IN GENERAL. THROUGH SUBSEQUENT CORRESPONDENCE, INTERMEM WAS INFORMED ON MAY 17 OF THE USE OF A RENTAL CREDIT IN EXCESS OF 100 PERCENT. INTERMEM THEN REQUESTED THAT, BASED UPON THIS INFORMATION, THE RFP BE CANCELED AND REISSUED WITHOUT THE USE OF THE ALLEGEDLY EXCESSIVE RENTAL CREDIT. THIS REQUEST WAS DENIED BY LETTER DATED MAY 31, 1974. INTERMEM THEN PROTESTED UPON THIS BASIS TO OUR OFFICE BY LETTER DATED JUNE 20, 1974, WHICH WAS RECEIVED ON JUNE 24, 1974.
THE INTERIM BID PROTEST PROCEDURES AND STANDARDS OF OUR OFFICE (SECTION 20.2(A) OF TITLE 4 OF THE CODE OF FEDERAL REGULATIONS) REQUIRE THAT PROTESTS INITIALLY FILED WITH THE CONTRACTING AGENCY BE FILED WITH OUR OFFICE WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION. HERE, THE ADVERSE AGENCY ACTION OCCURRED ON MAY 31, BUT THE PROTEST WAS NOT FILED WITH OUR OFFICE UNTIL JUNE 24. THEREFORE, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED BY OUR OFFICE ON ITS MERITS.
WE OBSERVE, HOWEVER, THAT DSA HAS RECOGNIZED THAT THE AWARD TO ITEL, ALTHOUGH PROPER, MAY NOT BE THE LOWEST PRICE OBTAINABLE BY THE GOVERNMENT, SHOULD OTHER EVALUATION FACTORS BE CONSIDERED. THEREFORE, DSA IS PRESENTLY CONSIDERING THE FEASIBILITY OF TERMINATING THE ITEL CONTRACT UNDER THE 30-DAY DISCONTINUANCE PROVISIONS CONTAINED IN PARAGRAPH "K" OF THE "STANDARD OF PERFORMANCE AND ACCEPTANCE OF EQUIPMENT" CLAUSE.