B-198452, MAY 1, 1980
Highlights
DIGEST: PROTEST REGARDING MASC AWARD PROCEDURES IS SUMMARILY DENIED AS PROTESTER'S INITIAL SUBMISSION FAILS TO SHOW ANY IMPROPRIETY. REQUEST FOR EXTENSION OF CURRENT CONTRACTS IS MATTER OF CONTRACT ADMINISTRATION NOT FOR RESOLUTION UNDER GAO BID PROTEST PROCEDURES. THE CONTRACTING OFFICER HAS ADVISED FEDERAL THAT GSA IS PROCEEDING "AS EXPEDITIOUSLY AS POSSIBLE IN MAKING AWARDS ONE CONTRACTOR AT A TIME.". FEDERAL'S PROTEST IS FOUNDED UPON ITS BELIEF THAT THE RFP ALLOWS GSA INSUFFICIENT TIME IN WHICH TO EVALUATE THE OFFERS. THE CLOSING DATE WAS MARCH 20. THAT IS THE TIME BETWEEN THE ISSUANCE OF A SOLICITATION AND THE BID OPENING DATE OR CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. THIS IS NOT GERMANE TO FEDERAL'S PROTEST SINCE IT APPEARS THAT FEDERAL'S OFFER WAS TIMELY SUBMITTED.
B-198452, MAY 1, 1980
DIGEST: PROTEST REGARDING MASC AWARD PROCEDURES IS SUMMARILY DENIED AS PROTESTER'S INITIAL SUBMISSION FAILS TO SHOW ANY IMPROPRIETY. REQUEST FOR EXTENSION OF CURRENT CONTRACTS IS MATTER OF CONTRACT ADMINISTRATION NOT FOR RESOLUTION UNDER GAO BID PROTEST PROCEDURES.
FEDERAL SALES SERVICE, INC.:
FEDERAL SALES SERVICE, INC. (FEDERAL), PROTESTS THE GENERAL SERVICES ADMINISTRATION'S (GSA) AWARD PROCEDURES UNDER MULTIPLE AWARD SCHEDULE CONTRACT (MASC) REQUEST FOR PROPOSALS (RFP) NO. GSC-CDPCE-L-00005-N. THE CONTRACTING OFFICER HAS ADVISED FEDERAL THAT GSA IS PROCEEDING "AS EXPEDITIOUSLY AS POSSIBLE IN MAKING AWARDS ONE CONTRACTOR AT A TIME." FEDERAL'S PROTEST IS FOUNDED UPON ITS BELIEF THAT THE RFP ALLOWS GSA INSUFFICIENT TIME IN WHICH TO EVALUATE THE OFFERS. THE CLOSING DATE WAS MARCH 20, 1980, AND THE TERM OF THE MASC COMMENCED APRIL 1, 1980. FEDERAL BELIEVES THAT ALL MASC AWARDS SHOULD BE MADE SIMULTANEOUSLY AND TO THIS END REQUESTS THAT ALL CURRENT MASC'S BE EXTENDED UNTIL A SIMULTANEOUS AWARD CAN BE MADE.
IN SUPPORT OF ITS POSITION FEDERAL HAS CITED 41 C.F.R. SEC. 5A 73.217-1 (1979), "TIME FOR ACCEPTANCE OF OFFERS," AND 41 C.F.R. SEC. 5A-2.202-1(A), "BIDDING TIME." IN OUR VIEW, NEITHER CITATION SUPPORTS FEDERAL'S CONTENTION OF IMPROPRIETY IN GSA'S AWARD PROCEDURE. THE FIRST CITATION MERELY PROVIDES GUIDANCE IN ESTABLISHING THE MAXIMUM AMOUNT OF TIME THAT GSA SHOULD NORMALLY TAKE TO EVALUATE AND AWARD MASC'S. IN THIS CONNECTION, WE NOTE THAT THE RFP INCLUDED THE STANDARD 60-DAY ACCEPTANCE PERIOD AND URGED OFFERORS TO SPECIFY NOT LESS THAN 180 CALENDAR DAYS DUE TO THE TIME REQUIRED FOR EVALUATION, NEGOTIATION AND OTHER PREAWARD PROCESSING. CONTAINS NO PROHIBITION AGAINST AWARD BEING MADE IN ANY LESSER AMOUNT OF TIME OR AGAINST AWARD BEING MADE ON A ONE-CONTRACTOR-AT-A-TIME BASIS RATHER THAN ON A SIMULTANEOUS BASIS. SIMILARLY, THE SECOND CITATION PROVIDES GUIDANCE IN ESTABLISHING A STANDARD BIDDING TIME, OR TIME FOR PREPARATION OF OFFERS, THAT IS THE TIME BETWEEN THE ISSUANCE OF A SOLICITATION AND THE BID OPENING DATE OR CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. IN OUR OPINION, THIS IS NOT GERMANE TO FEDERAL'S PROTEST SINCE IT APPEARS THAT FEDERAL'S OFFER WAS TIMELY SUBMITTED. THEREFORE, WE SEE NO IMPROPRIETY IN THE AWARD PROCEDURES AND THE PROTEST ON THIS POINT IS SUMMARILY DENIED AS THE PROTESTER'S INITIAL SUBMISSION SHOWS IT IS WITHOUT MERIT. DECILOG, INC., B-193914, FEBRUARY 5, 1979, 79-1 CPD 81.
FEDERAL'S REQUEST THAT ALL CURRENT MASC CONTRACTS BE EXTENDED UNTIL SIMULTANEOUS AWARDS CAN BE MADE INVOLVES CONTRACT ADMINISTRATION AND IS NOT SUBJECT TO RESOLUTION UNDER OUR BID PROTEST PROCEDURES. SEE GOVERNMENT MARKETING SERVICES, INC., B-192919, OCTOBER 3, 1978, 78-2 CPD 255. THEREFORE, THIS ASPECT OF THE PROTEST IS DISMISSED.