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B-194213 1 (1979-04-02)

handle is hein.gao/gaobadhbb0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, O.C. 20548 FILE: B-194213 DATE: April 2, 1979 MATTER OF:Lewis Corporation DIGEST: 1. Protest based on alleged patent solicitation defects is untimely when filed with bid, since GAO Bid Protest Procedures reouire that such protests be filed prior to date for bid opening. 2. Protest is summarily dismissed where protester's initial submission demonstrates affirmatively that protest is untimely. The Lewis Corporation (Lewis) has protested invitation for bids (IFB) MOO027-79-B-0008 issued by the United States Marine Corps (Marine Corps). Lewis alleges that the IFB contains restrictive and unreason- able requirements. The bid opening date was February 26, 1979, and Lewis included a letter of protest to the Marine Corps in its bid package. Lewis' protest to our Office was received February 27. We believe the protest may be dismissed on the basis of the protester's initial submission and without further development pursuant to our protest procedures, 4 C.F.R. Part 20,et seq. (1978), because the documents submitted and read in the licht most favorable to the protester affirmatively demonstrate that the protest is untimely. Murphy Anderson Visual Concepts - Reconsidera- tion, B-191850, July 31, 1978, 78-2 CPD 79. Section 20.2(b)(1) of our Bid Protest Procedures, 4 C.F.R. § 20.2(b)(1) (1978), requires that protests based on alleged patent solicitation defects, such as restric- tive specifications, be filed prior to bid opening. Addi- tionally, section 20.2(a) of our Procedures, 4 C.F.P. 5 20.2(a) (1978), provides that we will consider a protest filed initially with a contracting aqencv only if that protest was timely filed with the agency. Therefore, in

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