Protest of Army Contract Award

B-205331: Nov 19, 1981

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Kenneth E. Patton
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A firm protested the award of a contract by the Army, alleging that the solicitation was deficient because it did not provide for first article testing. Protest procedures provide that protests of alleged solicitation deficiencies which are apparent prior to the closing date for receipt of initial proposals must be filed prior to that date. This protest, filed 8 days after the closing date for receipt of initial proposals, was untimely. Accordingly, the protest was dismissed.

B-205331, NOV 19, 1981

DIGEST: PROTEST CONCERNING SOLICITATION'S FAILURE TO PROVIDE FOR FIRST ARTICLE TESTING, PROVISIONING TECHNICAL DOCUMENTATION AND TECHNICAL MANUALS IS UNTIMELY WHEN FILED SUBSEQUENT TO CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS.

DATAPRODUCTS NEW ENGLAND, INC.:

DATAPRODUCTS NEW ENGLAND, INC. (DNE), PROTESTS THE AWARD OF A CONTRACT UNDER SOLICITATION NO. DAAG08-82-R-0004, ISSUED BY THE DEPARTMENT OF THE ARMY FOR THE PURCHASE OF CARRIER BOARDS AND STRAPPABLE PADS. DNE ALLEGES THAT THE SOLICITATION IS DEFICIENT BECAUSE IT DOES NOT PROVIDE FOR FIRST ARTICLE TESTING, PROVISIONING TECHNICAL DOCUMENTATION AND TECHNICAL MANUALS.

WITH RESPECT TO THESE ALLEGED DEFECTS IN THE SOLICITATION, THE PROTESTER SHOULD HAVE KNOWN OF THESE DEFECTS PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS, WHICH WAS ON OCTOBER 19, 1981, YET THE TELEX MESSAGE CONVEYING THE PROTEST WAS NOT SENT UNTIL OCTOBER 26, 1981, AND WAS RECEIVED BY OUR OFFICE ON OCTOBER 27, 1981.

UNDER OUR BID PROTEST PROCEDURES, PROTESTS OF ALLEGED SOLICITATION DEFICIENCIES THAT ARE APPARENT PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS MUST BE FILED PRIOR TO THE CLOSING DATE. 4 C.F.R. SEC. 21.2(B) (1981). SEE DK ASSOCIATES INC., B-199010, JANUARY 19, 1981, 81-1 CPD 30.

THE PROTEST IS DISMISSED.

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