B-211488, JUN 9, 1983
Highlights
PROTEST ALLEGING THAT TIME ALLOTTED FOR SUBMISSION OF PROPOSALS WAS TOO SHORT IS UNTIMELY AND NOT FOR CONSIDERATION SINCE IT WAS FILED AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS. 2. PROTEST AGAINST REJECTION OF PROTESTER'S PROPOSAL FILED MORE THAN 10 WORKING DAYS AFTER PROTESTER WAS ADVISED OF REJECTION AND REASONS THEREFOR IS UNTIMELY AND NOT FOR CONSIDERATION. DTNH22-81-R-07265 AND THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS WAS TOO SHORT TO PERMIT OFFERORS TO PREPARE ADEQUATE PROPOSALS. THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS WAS DECEMBER 22. THE HUMANOID PROTEST WAS RECEIVED BY OUR OFFICE ON APRIL 15. STATES: "PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. ***" THEREFORE.
B-211488, JUN 9, 1983
DIGEST: 1. PROTEST ALLEGING THAT TIME ALLOTTED FOR SUBMISSION OF PROPOSALS WAS TOO SHORT IS UNTIMELY AND NOT FOR CONSIDERATION SINCE IT WAS FILED AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS. 2. PROTEST AGAINST REJECTION OF PROTESTER'S PROPOSAL FILED MORE THAN 10 WORKING DAYS AFTER PROTESTER WAS ADVISED OF REJECTION AND REASONS THEREFOR IS UNTIMELY AND NOT FOR CONSIDERATION.
HUMANOID SYSTEMS:
HUMANOID SYSTEMS (HUMANOID) PROTESTS THAT THE TIME ALLOWED BETWEEN THE ISSUANCE OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION REQUEST FOR PROPOSALS NO. DTNH22-81-R-07265 AND THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS WAS TOO SHORT TO PERMIT OFFERORS TO PREPARE ADEQUATE PROPOSALS. IT ALSO PROTESTS THE REJECTION OF ITS PROPOSAL BY THE AGENCY CONTRACTING OFFICIALS.
WE DISMISS THE PROTEST.
THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS WAS DECEMBER 22, 1981. THE HUMANOID PROTEST WAS RECEIVED BY OUR OFFICE ON APRIL 15, 1983. SECTION 21.2(B)(1) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983), STATES:
"PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO *** THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. ***"
THEREFORE, HUMANOID'S PROTEST AGAINST THE AMOUNT OF TIME ALLOWED FOR THE PREPARATION OF PROPOSALS RECEIVED AFTER THE CLOSING DATE FOR THE RECEIPT OF PROPOSALS IS UNTIMELY AND NOT FOR CONSIDERATION. SIGMA CONSULTANTS, INC., B-194706, MAY 14, 1979, 79-1 CPD 350.
HUMANOID WAS ADVISED, WE ARE INFORMED, BY A LETTER OF SEPTEMBER 8, 1982, THAT ITS PROPOSAL HAD BEEN REJECTED BECAUSE IT WAS CONSIDERED TO BE OUTSIDE THE COMPETITIVE RANGE. UNDER SECTION 21.2(B)(2) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.2(B)(21) (1983), A PROTEST HAD TO HAVE BEEN FILED WITHIN 10 WORKING DAYS OF HUMANOID LEARNING OF THE REJECTION OF ITS PROPOSAL AND THE REASONS THEREFOR. SINCE HUMANOID'S PROTEST WAS NOT FILED WITH OUR OFFICE UNTIL APRIL 15, 1983, THIS PORTION OF THE PROTEST IS UNTIMELY AND NOT FOR OUR CONSIDERATION.
FINALLY, HUMANOID ALSO HAS REQUESTED A CONFERENCE TO DISCUSS THE MERITS OF ITS PROTEST. BECAUSE OF OUR SUMMARY DISMISSAL OF THE PROTEST, THAT REQUEST WILL NOT BE HONORED BECAUSE A CONFERENCE WOULD SERVE NO USEFUL PURPOSE. WATERBURY FARREL, DIVISION OF TEXTRON, INC., B-203798, JULY 24, 1981, 81-2 CPD 60.