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DIGEST: PROTEST BASED ON SPECIFICATION DEFECTS IS UNTIMELY WHEN FILED AFTER BID OPENING. DYNATION COMPLAINS THAT THE SPECIFICATIONS ARE AMBIGUOUS AND OTHERWISE DEFECTIVE. THE PROTEST IS UNTIMELY. YET ITS PROTEST WAS NOT FILED (RECEIVED) IN OUR OFFICE UNTIL NOVEMBER 25. SINCE THE PROTEST WAS FILED AFTER THAT TIME. THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.

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B-201342, DEC 10, 1980

DIGEST: PROTEST BASED ON SPECIFICATION DEFECTS IS UNTIMELY WHEN FILED AFTER BID OPENING.

DYNATION CORPORATION:

DYNATION CORPORATION PROTESTS THE AWARD TO ANY BIDDER UNDER INVITATION FOR BIDS (IFB) NO. AT/TC 18986, ISSUED BY THE GENERAL SERVICES ADMINISTRATION, ATLANTA, GEORGIA. DYNATION COMPLAINS THAT THE SPECIFICATIONS ARE AMBIGUOUS AND OTHERWISE DEFECTIVE.

THE PROTEST IS UNTIMELY. DYNATION STATES THAT BID OPENING OCCURRED ON OCTOBER 1, 1980, YET ITS PROTEST WAS NOT FILED (RECEIVED) IN OUR OFFICE UNTIL NOVEMBER 25, 1980. OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(B)(1) (1980), REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES APPARENT UPON THE FACE OF AN INVITATION MUST BE FILED PRIOR TO BID OPENING. SINCE THE PROTEST WAS FILED AFTER THAT TIME, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS. TECHNICAL SERVICES COMPANY, INC., B-200020, SEPTEMBER 18, 1980, 80-2 CPD 207.

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