B-200387, OCT 15, 1980
Highlights
DIGEST: PROTEST ALLEGING IMPROPER REJECTION OF BID AND UNDULY RESTRICTIVE SPECIFICATIONS WHICH IS FILED APPROXIMATELY ONE YEAR AFTER PROCUREMENT TOOK PLACE IS UNTIMELY UNDER GAO BID PROTEST PROCEDURES AND NOT FOR CONSIDERATION. MOORE CONTENDS THAT THE SPECIFICATIONS WITH WHICH IT ALLEGEDLY DID NOT COMPLY WERE UNDULY RESTRICTIVE AND THAT THE FIRM WAS "UNJUSTLY DISQUALIFIED.". THE PROTEST IS UNTIMELY. IT APPEARS OBVIOUS THAT THE PROTEST WAS NOT FILED WITHIN 10 DAYS OF MOORE'S KNOWLEDGE OF A BASIS FOR PROTEST. OUR PROCEDURES REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING MUST BE FILED PRIOR TO BID OPENING. 4 C.F.R. SINCE THE THRUST OF THE PROTEST IS REALLY THAT THE SPECIFICATIONS WERE UNDULY RESTRICTIVE.
B-200387, OCT 15, 1980
DIGEST: PROTEST ALLEGING IMPROPER REJECTION OF BID AND UNDULY RESTRICTIVE SPECIFICATIONS WHICH IS FILED APPROXIMATELY ONE YEAR AFTER PROCUREMENT TOOK PLACE IS UNTIMELY UNDER GAO BID PROTEST PROCEDURES AND NOT FOR CONSIDERATION.
L. A. MOORE & CO., INC.:
L. A. MOORE & CO., INC. (MOORE) PROTESTS THE REJECTION OF ITS BID BY THE VETERANS ADMINISTRATION (VA) UNDER INVITATION FOR BIDS NO. 500-2 81.
THE VA FOUND MOORE'S LOW BID TO BE NONRESPONSIVE TO THE IFB'S REQUIREMENTS. MOORE CONTENDS THAT THE SPECIFICATIONS WITH WHICH IT ALLEGEDLY DID NOT COMPLY WERE UNDULY RESTRICTIVE AND THAT THE FIRM WAS "UNJUSTLY DISQUALIFIED."
THE PROTEST IS UNTIMELY. MOORE STATES THAT THE PROCUREMENT OCCURRED "APPROXIMATELY ONE YEAR AGO." THUS, IT APPEARS OBVIOUS THAT THE PROTEST WAS NOT FILED WITHIN 10 DAYS OF MOORE'S KNOWLEDGE OF A BASIS FOR PROTEST, AS REQUIRED BY OUR BID PROTEST PROCEDURES AT 4 C.F.R. SEC. 20.2(B)(2) (1980). MOREOVER, OUR PROCEDURES REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN A SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING MUST BE FILED PRIOR TO BID OPENING. 4 C.F.R. SEC. 20.2(B)(1). SINCE THE THRUST OF THE PROTEST IS REALLY THAT THE SPECIFICATIONS WERE UNDULY RESTRICTIVE, THE PROTEST SHOULD HAVE BEEN FILED PRIOR TO BID OPENING.
THE PROTEST IS DISMISSED.