B-221695, B-221696, B-221697, FEB 10, 1986, 86-1 CPD 145
Highlights
PROTEST THAT AGENCY IMPROPERLY REJECTED PROPOSAL IS DISMISSED AS CLEARLY WITHOUT MERIT WHERE OFFERORS WERE RESTRICTED TO MOBILIZATION BASE PRODUCERS AND PROTESTER IS NOT A MOBILIZATION BASE PRODUCER. PROTEST THAT RFP IMPROPERLY RESTRICTED COMPETITION IS DISMISSED AS UNTIMELY WHERE NOT FILED BEFORE THE CLOSING DATE FOR THE RECEIPT OF INITIAL PROPOSALS. THE RFPS WERE ISSUED TO PROCURE PALLETS AND PALLET ADAPTORS AND WERE RESTRICTED TO OFFERORS THAT WERE MOBILIZATION BASE PRODUCERS. ABBOTT PROTESTS THAT THE RESTRICTION WAS IMPROPER BECAUSE MCGRAIL EQUIPMENT IS THE ONLY QUALIFIED SOURCE FOR THE REQUESTED ITEMS. ABBOTT'S PROPOSALS PROPERLY WERE REJECTED. THE SUBJECT RESTRICTION WAS INCLUDED IN THESE RFPS PURSUANT TO 10 U.S.C.A.
B-221695, B-221696, B-221697, FEB 10, 1986, 86-1 CPD 145
CONTRACTS - PROTESTS - ALLEGATIONS - UNSUBSTANTIATED DIGEST: 1. PROTEST THAT AGENCY IMPROPERLY REJECTED PROPOSAL IS DISMISSED AS CLEARLY WITHOUT MERIT WHERE OFFERORS WERE RESTRICTED TO MOBILIZATION BASE PRODUCERS AND PROTESTER IS NOT A MOBILIZATION BASE PRODUCER. CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - SOLICITATION IMPROPRIETIES - APPARENT PRIOR TO BID OPENING/CLOSING DATE FOR PROPOSALS 2. PROTEST THAT RFP IMPROPERLY RESTRICTED COMPETITION IS DISMISSED AS UNTIMELY WHERE NOT FILED BEFORE THE CLOSING DATE FOR THE RECEIPT OF INITIAL PROPOSALS.
ABBOTT PRODUCTS, INC.:
ABBOTT PRODUCTS, INC. (ABBOTT), PROTESTS THE REJECTION OF THE PROPOSALS IT SUBMITTED IN RESPONSE TO THE DEPARTMENT OF THE ARMY REQUESTS FOR PROPOSALS (RFP) NOS. DAAA09-85-R-2055, DAAA09-85-R-1560 AND DAAA09-85-R- 2085. WE DISMISS THE PROTESTS.
THE RFPS WERE ISSUED TO PROCURE PALLETS AND PALLET ADAPTORS AND WERE RESTRICTED TO OFFERORS THAT WERE MOBILIZATION BASE PRODUCERS. ABBOTT PROTESTS THAT THE RESTRICTION WAS IMPROPER BECAUSE MCGRAIL EQUIPMENT IS THE ONLY QUALIFIED SOURCE FOR THE REQUESTED ITEMS; ABBOTT ASSERTS THAT REGULATIONS REQUIRE THAT THERE BE TWO OR MORE MOBILIZATION BASE PRODUCERS PER ITEM. ABBOTT REQUESTS THAT WE ADVISE THE ARMY TO FIND ABBOTT'S OFFER ACCEPTABLE AND AWARD A CONTRACT TO ABBOTT.
ABBOTT'S PROPOSALS PROPERLY WERE REJECTED. THE SUBJECT RESTRICTION WAS INCLUDED IN THESE RFPS PURSUANT TO 10 U.S.C.A. SEC. 2304(C)(3) (WEST SUPP. 1985), WHICH AUTHORIZES THE HEAD OF AN AGENCY, IN APPROPRIATE CIRCUMSTANCES, TO LIMIT NEGOTIATIONS TO APPROVED MOBILIZATION BASE PRODUCERS. SEE FEDERAL ACQUISITION REGULATION (FAR), 48 C.F.R. SEC. 6.302 -3 (1984). SINCE ABBOTT CHOSE TO SUBMIT PROPOSALS WITHOUT FIRST CHALLENGING THE RESTRICTION-- WHICH WAS CLEAR FROM THE SOLICITATIONS AS ISSUED-- AND SINCE ABBOTT IS NOT A MOBILIZATION BASE PRODUCER, THE FIRM WAS NOT ELIGIBLE TO RECEIVE ANY CONTRACT AWARDS. THEREFORE, THIS BASIS OF PROTEST IS DISMISSED AS CLEARLY WITHOUT MERIT PURSUANT TO OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.3(F) (1985).
INSOFAR AS ABBOTT IS PROTESTING THAT THE RESTRICTION IS IMPROPER, OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.2(A)(1), REQUIRE THAT A PROTEST BASED UPON ALLEGED IMPROPRIETIES THAT ARE APPARENT FROM THE FACE OF AN RFP BE FILED BEFORE INITIAL PROPOSALS ARE DUE. CONSEQUENTLY, THE PROTESTS AGAINST THE RESTRICTION ARE UNTIMELY SINCE THEY WERE FILED AFTER THE CLOSING DATES FOR THE RECEIPT OF INITIAL PROPOSALS. CORVUS SYSTEMS, INC., B-211082.3, FEB. 11, 1985, 85-1 CPD PARA. 173.