B-182196, OCT 16, 1974
Highlights
IS UNTIMELY UNDER 4 C.F.R. 20.2(A) AS IT WAS NOT RECEIVED BY GAO PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS. PROTESTS THAT CERTAIN EVALUATION FACTORS CONTAINED IN THE SOLICITATION WERE FAULTY AND THAT THE SOLICITATION CONTAINED AMBIGUITIES. OFFERS WILL BE EVALUATED BASED ON THE LOWEST COST TO THE GOVERNMENT FOR THE TOTAL OF ITEMS LISTED IN PARTS I THROUGH III OF SECTION E. WILL BE USED TO COMPUTE THE ESTIMATED TOTAL COST TO THE GOVERNMENT OF THAT MATERIAL.". UNDER SECTION 20.2(A) OF OUR BID PROTEST PROCEDURES AND STANDARDS: "*** PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS SHALL BE FILED (RECEIVED AT GAO) PRIOR *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS. ***" SINCE WE DID NOT RECEIVE SIMMONS' PROTEST UNTIL SEPTEMBER 10.
B-182196, OCT 16, 1974
PROTEST ALLEGING THAT SOLICITATION CONTAINED FAULTY EVALUATION FACTORS AND AMBIGUITIES APPARENT IN SOLICITATION PRIOR TO CLOSING DATE SET FOR RECEIPT OF PROPOSALS, IS UNTIMELY UNDER 4 C.F.R. 20.2(A) AS IT WAS NOT RECEIVED BY GAO PRIOR TO CLOSING DATE FOR RECEIPT OF PROPOSALS.
SIMMONS CONSTRUCTION COMPANY:
RFP F04666-74-R-0057, ISSUED BY THE DEPARTMENT OF THE AIR FORCE, REQUIRED OFFERORS TO SUBMIT PROPOSALS FOR THE OPERATION OF A CIVIL ENGINEERING SUPPLY STORE BY JUNE 12, 1974.
SIMMONS CONSTRUCTION COMPANY (SIMMONS), AN OFFEROR FOR THE ITEM, BY MAIL GRAM OF SEPTEMBER 9, 1974, AND SUBSEQUENT CORRESPONDENCE, PROTESTS THAT CERTAIN EVALUATION FACTORS CONTAINED IN THE SOLICITATION WERE FAULTY AND THAT THE SOLICITATION CONTAINED AMBIGUITIES.
SIMMONS' PROTEST CENTERS ON THE FOLLOWING SOLICITATION PROVISION:
"A. OFFERS WILL BE EVALUATED BASED ON THE LOWEST COST TO THE GOVERNMENT FOR THE TOTAL OF ITEMS LISTED IN PARTS I THROUGH III OF SECTION E.
"B. A 'NO BID' NOTATION FOR ANY ITEM MAY CAUSE THE OFFER TO BE REJECTED AS NONRESPONSIVE.
"C. FOR PURPOSES OF EVALUATION ONLY, THE GOVERNMENT ESTIMATED DOLLAR AMOUNT OF NPL, LISTED IN PART II OF SECTION E, WILL BE USED TO COMPUTE THE ESTIMATED TOTAL COST TO THE GOVERNMENT OF THAT MATERIAL."
SIMMONS CONTENDS THAT THE EVALUATION SCHEME EMPLOYED UNDER THE SOLICITATION WOULD NOT REVEAL WHICH PROPOSAL REPRESENTED THE LOWEST COST TO THE GOVERNMENT.
UNDER SECTION 20.2(A) OF OUR BID PROTEST PROCEDURES AND STANDARDS:
"*** PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS SHALL BE FILED (RECEIVED AT GAO) PRIOR *** THE CLOSING DATE FOR RECEIPT OF PROPOSALS. ***"
SINCE WE DID NOT RECEIVE SIMMONS' PROTEST UNTIL SEPTEMBER 10, 1974, SOME THREE MONTHS AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS, ITS PROTEST MUST BE CONSIDERED UNTIMELY. FURTHER, WE DO NOT FIND THAT THE PROTEST RAISES ANY ISSUES SIGNIFICANT TO PROCUREMENT PRACTICES AND PROCEDURES. COMP. GEN. 20 (1972).
CONSEQUENTLY, WE MUST DECLINE TO RULE ON THE MERITS OF THE PROTEST.