B-187403, NOVEMBER 2, 1976
Highlights
PROTEST AGAINST ALLEGED IMPROPRIETY IN SOLICITATION AS TO METHOD OF EVALUATION NOT FILED PRIOR TO BID OPENING WITH EITHER CONTRACTING AGENCY OR GAO IS UNTIMELY. THE DATE FOR BID OPENING WAS JUNE 24. AN AWARD WAS MADE BASED ON THE LOWEST COST PER SHEET. ON THE GROUNDS THAT EVALUATION SHOULD HAVE BEEN PERFORMED ON A COST-PER-SQUARE FOOT BASIS BECAUSE OF THE SIZE TOLERANCES ALLOWED FOR THE PLASTIC SHEETS. PROVIDES THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN THE SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING SHALL BE FILED (RECEIVED) PRIOR TO THAT DATE TO BE TIMELY. THE IFB DID NOT PROVIDE THAT EVALUATION OF THE OFFERS WAS TO BE ON A COST-PER-SQUARE-FOOT BASIS. SINCE IT WAS APPARENT THAT THE OFFERS WERE TO BE EVALUATED SOLELY ON COST PER SHEET.
B-187403, NOVEMBER 2, 1976
PROTEST AGAINST ALLEGED IMPROPRIETY IN SOLICITATION AS TO METHOD OF EVALUATION NOT FILED PRIOR TO BID OPENING WITH EITHER CONTRACTING AGENCY OR GAO IS UNTIMELY.
UNIROYAL INC.:
UNIROYAL INC. HAS PROTESTED AGAINST THE AWARD OF A CONTRACT MADE BY THE DEFENSE GENERAL SUPPLY CENTER, RICHMOND, VIRGINIA, UNDER INVITATION FOR BIDS (IFB) NO. DSA400-76-B-4440. THE DATE FOR BID OPENING WAS JUNE 24, 1976. UNDER THE TERMS OF THE IFB THE REQUIRED PLASTIC SHEETS COULD BE 36 TO 42 INCHES WIDE AND 48 TO 56 INCHES LONG. AN AWARD WAS MADE BASED ON THE LOWEST COST PER SHEET.
UNIROYAL PROTESTED THE AWARD TO THIS OFFICE ON SEPTEMBER 15, ON THE GROUNDS THAT EVALUATION SHOULD HAVE BEEN PERFORMED ON A COST-PER-SQUARE FOOT BASIS BECAUSE OF THE SIZE TOLERANCES ALLOWED FOR THE PLASTIC SHEETS.
SECTION 20.2(B)(1) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1976), PROVIDES THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN THE SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING SHALL BE FILED (RECEIVED) PRIOR TO THAT DATE TO BE TIMELY.
HERE, THE IFB DID NOT PROVIDE THAT EVALUATION OF THE OFFERS WAS TO BE ON A COST-PER-SQUARE-FOOT BASIS, BUT ON THE BASIS OF COST PER SHEET. SINCE IT WAS APPARENT THAT THE OFFERS WERE TO BE EVALUATED SOLELY ON COST PER SHEET, UNIROYAL'S PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS AS IT WAS FILED AFTER BID OPENING.