B-210585, FEB 7, 1983

B-210585, FEB 7, 1983

DIGEST: PROTEST THAT CONTRACTING AGENCY DENIED THE PROTESTER AN AN OPPORTUNITY TO COMPETE BY FAILING TO SEND IT A COPY OF THE SOLICITATION AND BY LISTING THE PROCUREMENT UNDER AN INCORRECT HEADING IN THE COMMERCE BUSINESS DAILY, FILED MORE THAN 3 MONTHS AFTER THE PROTESTER LEARNED THE BASIS OF ITS PROTEST, IS UNTIMELY AND WILL NOT BE CONSIDERED ON ITS MERITS.

MCKINNEY BEDDING COMPANY:

MCKINNEY BEDDING COMPANY PROTESTS THE AWARD OF A CONTRACT UNDER INVITATION FOR BIDS NO. FNPS-S5-1235-N-6-11-82 ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA). THE SOLICITATION IS FOR A FEDERAL SUPPLY SCHEDULE REQUIREMENTS CONTRACT FOR HOSPITAL PATIENT ROOM FURNITURE.

MCKINNEY COMPLAINS THAT GSA IMPERMISSIBLY DENIED IT AN OPPORTUNITY TO COMPETE FOR THE CONTRACT. MCKINNEY ALLEGES THAT GSA DID NOT PROVIDE IT A COPY OF THE SOLICITATION EVEN THOUGH IT SUBMITTED A BID UNDER THE PREVIOUS SOLICITATION. ADDITIONALLY, MCKINNEY ALLEGES THAT IT DID NOT OTHERWISE HAVE NOTICE THAT A SOLICITATION HAD BEEN ISSUED BECAUSE THE SYNOPSIS OF THE PROCUREMENT IN THE COMMERCE BUSINESS DAILY OF JUNE 1, 1982, WAS INCORRECTLY LISTED UNDER THE HEADING "65 MEDICAL, DENTAL AND VETERINARY EQUIPMENT SUPPLIES," RATHER THAN UNDER "71 FURNITURE." MCKINNEY DID NOT LEARN OF THE SOLICITATION UNTIL SEPTEMBER 1982. BIDS WERE OPENED ON JUNE 11, 1982.

OUR BID PROTEST PROCEDURES REQUIRE PROTESTS TO BE FILED WITHIN 10 WORKING DAYS AFTER THE BASIS OF PROTEST BECOMES KNOWN. 4 C.F.R. SEC. 21.2(B)(2) (1982). SINCE MCKINNEY LEARNED ITS BASIS OF PROTEST IN SEPTEMBER 1982 BUT DID NOT FILE A PROTEST WITH OUR OFFICE UNTIL JANUARY 24, 1983, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON ITS MERITS.

THE PROTEST IS DISMISSED.