B-204271, AUG 21, 1981
Highlights
DIGEST: PROTEST AGAINST IFB DELIVERY REQUIREMENT FILED AFTER BID OPENING IS UNTIMELY AND WILL NOT BE CONSIDERED ON MERITS. (MBM) PROTESTS THAT THE 45-DAY DELIVERY SCHEDULE IN THE IFB IS UNREALISTIC. SINCE MBM FILED ITS PROTEST AGAINST THE 45 -DAY DELIVERY REQUIREMENT AFTER BIDS WERE OPENED. THE PROTEST AGAINST THE ALLEGED IMPROPRIETY IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.
B-204271, AUG 21, 1981
DIGEST: PROTEST AGAINST IFB DELIVERY REQUIREMENT FILED AFTER BID OPENING IS UNTIMELY AND WILL NOT BE CONSIDERED ON MERITS.
MILWAUKEE BOILER MANUFACTURING CO.:
AFTER REJECTION OF ITS BID AS NONRESPONSIVE FOR FAILING TO MEET THE DELIVERY SCHEDULE IN INVITATION FOR BIDS (IFB) NO. DACW57-81-B-0144 ISSUED BY THE PORTLAND DISTRICT, UNITED STATES ARMY CORPS OF ENGINEERS, PORTLAND, OREGON, MILWAUKEE BOILER MANUFACTURING CO. (MBM) PROTESTS THAT THE 45-DAY DELIVERY SCHEDULE IN THE IFB IS UNREALISTIC.
UNDER OUR BID PROTEST PROCEDURES, A PROTEST AGAINST AN ALLEGED IMPROPRIETY IN AN IFB MUST BE FILED IN OUR OFFICE PRIOR TO BID OPENING. C.F.R. SEC. 21.2(B)(1) (1981). SINCE MBM FILED ITS PROTEST AGAINST THE 45 -DAY DELIVERY REQUIREMENT AFTER BIDS WERE OPENED, THE PROTEST AGAINST THE ALLEGED IMPROPRIETY IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS. SEE GREEN MOUNTAIN CABINS, INC., B-199669, FEBRUARY 11, 1981, 81-1 CPD 91.
PROTEST DISMISSED.