B-193371, NOVEMBER 27, 1978
Highlights
DIGEST: PROTEST FILED AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS AGAINST ALLEGED IMPROPRIETY IN RFP IS DISMISSED AS UNTIMELY PURSUANT TO SEC. 20.2(B)(1) OF BID PROTEST PROCEDURES. POSTAL DATA ALLEGES THAT THE PROCUREMENT SHOULD NOT BE LET UNDER THE PROVISIONS OF PART 1-3 OF THE FPR WHEN IT IS NOT MATERIALLY DIFFERENT FROM A PRIOR CONTRACT. THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS OCTOBER 6. STATES: "PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. * * * " SINCE POSTAL DATA'S PROTEST AGAINST THE IMPROPRIETY OF THE RFP WAS NOT FILED (RECEIVED) IN OUR OFFICE PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS.
B-193371, NOVEMBER 27, 1978
DIGEST: PROTEST FILED AFTER CLOSING DATE FOR RECEIPT OF PROPOSALS AGAINST ALLEGED IMPROPRIETY IN RFP IS DISMISSED AS UNTIMELY PURSUANT TO SEC. 20.2(B)(1) OF BID PROTEST PROCEDURES.
POSTAL DATA CORPORATION:
POSTAL DATA CORPORATION (POSTAL DATA) PROTESTS THE AWARD OF ANY CONTRACT UNDER REQUEST FOR PROPOSALS (RFP) NO. H-4271, ISSUED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. POSTAL DATA ALLEGES THAT THE PROCUREMENT SHOULD NOT BE LET UNDER THE PROVISIONS OF PART 1-3 OF THE FPR WHEN IT IS NOT MATERIALLY DIFFERENT FROM A PRIOR CONTRACT, SATISFACTORILY PERFORMED, AWARDED UNDER PART 1-2 OF THE FPR.
THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS OCTOBER 6, 1978. OUR OFFICE RECEIVED POSTAL DATA'S PROTEST ON OCTOBER 31, 1978.
SECTION 20.2(B)(1) OF OUR BID PROTEST PROCEDURES, 4 C.F.R.PART 20 (1978), STATES:
"PROTESTS BASED UPON ALLEGED IMPROPRIETIES IN ANY TYPE OF SOLICITATION WHICH ARE APPARENT PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS SHALL BE FILED PRIOR TO BID OPENING OR THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS. * * * "
SINCE POSTAL DATA'S PROTEST AGAINST THE IMPROPRIETY OF THE RFP WAS NOT FILED (RECEIVED) IN OUR OFFICE PRIOR TO THE CLOSING DATE FOR RECEIPT OF INITIAL PROPOSALS, THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION.
ACCORDINGLY, POSTAL DATA'S PROTEST IS DISMISSED.