B-215481, JUN 19, 1984
Highlights
DIGEST: PROTEST BASED ON ALLEGED IMPROPRIETIES ON THE FACE OF A SOLICITATION IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS WHERE NOT FILED WITH GAO OR THE CONTRACTING AGENCY PRIOR TO BID OPENING. BY EXCLUDING A MATERIAL WHICH HAS SUCCESSFULLY BEEN USED IN THE PAST WHILE REQUIRING A MATERIAL FOR WHICH THERE IS NO KNOWN CURRENT SOURCE. OUR BID PROTEST PROCEDURES PROVIDE THAT PROTESTS ALLEGING IMPROPRIETIES IN AN IFB WHICH ARE APPARENT PRIOR TO THE BID OPENING MUST BE FILED WITH OUR OFFICE OR THE CONTRACTING OFFICE PRIOR TO BID OPENING. 4 C.F.R. THE IFB INCLUDED THE SPECIFICATIONS RELATING TO MATERIALS AND IF KLN BELIEVED THESE SPECIFICATIONS TO BE IMPROPER IT WAS REQUIRED TO PROTEST ON THESE GROUNDS PRIOR TO THAT JUNE 4.
B-215481, JUN 19, 1984
DIGEST: PROTEST BASED ON ALLEGED IMPROPRIETIES ON THE FACE OF A SOLICITATION IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS WHERE NOT FILED WITH GAO OR THE CONTRACTING AGENCY PRIOR TO BID OPENING.
KLN STEEL PRODUCTS COMPANY:
KLN STEEL PRODUCTS COMPANY PROTESTS THAT THE SPECIFICATIONS IN INVITATION FOR BIDS (IFB) NO. F38606-84-B-0007, FOR THE REPAIR AND ALTERNATION OF A DORMITORY AT MYRTLE BEACH AIR FORCE BASE, IMPROPERLY RESTRICT COMPETITION BY NOT PERMITTING FURNITURE SUPPLIERS A CHOICE OF MATERIALS FROM WHICH TO MAKE WARDROBES, AND BY EXCLUDING A MATERIAL WHICH HAS SUCCESSFULLY BEEN USED IN THE PAST WHILE REQUIRING A MATERIAL FOR WHICH THERE IS NO KNOWN CURRENT SOURCE.
WE DISMISS THE PROTEST.
OUR BID PROTEST PROCEDURES PROVIDE THAT PROTESTS ALLEGING IMPROPRIETIES IN AN IFB WHICH ARE APPARENT PRIOR TO THE BID OPENING MUST BE FILED WITH OUR OFFICE OR THE CONTRACTING OFFICE PRIOR TO BID OPENING. 4 C.F.R. SEC. 21.2(B) (1) (1984). HERE, THE IFB INCLUDED THE SPECIFICATIONS RELATING TO MATERIALS AND IF KLN BELIEVED THESE SPECIFICATIONS TO BE IMPROPER IT WAS REQUIRED TO PROTEST ON THESE GROUNDS PRIOR TO THAT JUNE 4, 1984 BID OPENING. SINCE KLN'S PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL JUNE 7, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS. SEE KEARFLEX ENGINEERING COMPANY, B-212537, FEB. 22, 1984 84-1 CPD PARA. 214.
THE PROTEST IS DISMISSED.