B-190042, SEPTEMBER 29, 1977

B-190042, SEPTEMBER 29, 1977

PROTEST ALLEGING SPECIFICATION DEFICIENCIES WHICH IS FILED AFTER BID OPENING IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.

PALMETTO ENTERPRISES, INC.:

BY LETTER RECEIVED IN THIS OFFICE ON SEPTEMBER 2, 1977, PALMETTO ENTERPRISES, INC. (PALMETTO) PROTESTED THE AWARD OF ANY CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. F03602-77-B-0048. THE IFB WAS ISSUED BY THE DEPARTMENT OF THE AIR FORCE ON JULY 1, 1977, FOR MESS ATTENDANT SERVICES AT LITTLE ROCK AIR FORCE BASE, JACKSONVILLE, ARKANSAS.

PALMETTO ASSERTS THAT THE SPECIFICATIONS "ARE WITHOUT ADEQUATELY ESTABLISHED STANDARDS" AND "RELY TO AN UNLAWFUL EXTENT ON SUBJECTIVE REQUIREMENTS" WHICH MAKES IT IMPOSSIBLE TO OBTAIN FAIR AND EQUAL COMPETITION. PALMETTO ASSERTS FURTHER THAT CERTAIN REQUIREMENTS OF THE IFB CONFLICT WITH OTHER REQUIREMENTS OF THE IFB.

THESE ALLEGATIONS RELATE TO DEFICIENCES IN THE IFB. SECTION 20.2(B)(1) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. 20.2(B)(1) (1977), PROVIDES THAT A PROTEST BASED UPON AN ALLEGED IMPROPRIETY IN ANY TYPE OF SOLICITATION, WHICH IS APPARENT PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS, MUST BE FILED "PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS." THE AIR FORCE REPORTS THAT BID OPENING OCCURRED ON JULY 27, 1977. SINCE THE PROTEST WAS NOT FILED UNTIL SEPTEMBER 2, 1977, THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.