B-199224, JUL 15, 1980
Highlights
DIGEST: PROTEST ALLEGING RESTRICTIVE SPECIFICATIONS FILED WITH GAO MORE THAN 10 DAYS AFTER INITIAL ADVERSE AGENCY ACTION ON PROTEST TO AGENCY IS UNTIMELY. AGENCY'S CONDUCTING BID OPENING WITHOUT FIRST TAKING CORRECTIVE ACTION URGED BY PROTESTER IS CONSIDERED TO BE ADVERSE AGENCY ACTION UNDER GAO'S BID PROTEST PROCEDURES. DICKEY CONTENDS THAT THE SOLICITATION SPECIFICATIONS ARE UNDULY RESTRICTIVE. ALTHOUGH THAT PROTEST WAS TIMELY. ITS PROTEST TO OUR OFFICE IS UNTIMELY. REQUIRE THAT IF A PROTEST IS INITIALLY FILED WITH THE CONTRACTING AGENCY IN A TIMELY MANNER. THE PROTEST IS DISMISSED.
B-199224, JUL 15, 1980
DIGEST: PROTEST ALLEGING RESTRICTIVE SPECIFICATIONS FILED WITH GAO MORE THAN 10 DAYS AFTER INITIAL ADVERSE AGENCY ACTION ON PROTEST TO AGENCY IS UNTIMELY. AGENCY'S CONDUCTING BID OPENING WITHOUT FIRST TAKING CORRECTIVE ACTION URGED BY PROTESTER IS CONSIDERED TO BE ADVERSE AGENCY ACTION UNDER GAO'S BID PROTEST PROCEDURES.
W. B. DICKEY CO.:
W. B. DICKEY CO. (DICKEY) PROTESTS THE AWARD OF A CONTRACT BY THE DEPARTMENT OF THE AIR FORCE (AIR FORCE), MACDILL AIR FORCE BASE, FLORIDA, UNDER SOLICITATION NO. F08602-80-BA104. DICKEY CONTENDS THAT THE SOLICITATION SPECIFICATIONS ARE UNDULY RESTRICTIVE.
PRIOR TO FILING A PROTEST WITH OUR OFFICE, DICKEY PROTESTED TO THE PROCURING AGENCY.
ALTHOUGH THAT PROTEST WAS TIMELY, ITS PROTEST TO OUR OFFICE IS UNTIMELY. OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(A) (1980), REQUIRE THAT IF A PROTEST IS INITIALLY FILED WITH THE CONTRACTING AGENCY IN A TIMELY MANNER, IN ORDER FOR ANY SUBSEQUENT PROTEST TO OUR OFFICE TO BE TIMELY, IT MUST BE FILED WITHIN 10 DAYS OF INITIAL ADVERSE AGENCY ACTION ON THE PROTEST FILED WITH THE AGENCY. BID OPENING OCCURRED ON APRIL 29, 1980. THE AIR FORCE'S OPENING OF BIDS ON THAT DATE WITHOUT HAVING REMOVED THE RESTRICTIVE PROVISIONS FROM THE INVITATION FOR BIDS CONSTITUTED ADVERSE ACTION. PICKER CORPORATION; OHIO-NUCLEAR, INC., B-192565, JANUARY 19, 1979, 79-1 CPD 31. WE DID NOT RECEIVE THE DICKEY PROTEST UNTIL JUNE 17, 1980, OBVIOUSLY WELL BEYOND THE 10-DAY TIME CONSTRAINT ESTABLISHED BY 4 C.F.R. SEC. 20.2(A).
THE PROTEST IS DISMISSED.