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B-198873 1 (1980-06-16)

handle is hein.gao/gaobabjuc0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Refer to: B-198873 June l, 1980 The Honorable William M. Brodhead House of Representatives Dear Mr. Brodhead: We refer to your letter of May 13, 1980, with which you enclosed a letter from the Coast Guard dated April 6, 1980, responding to your inquiry concerning the protest of Metropolitan Windows and Doors whose low bid for failure to provide-a timely bid bon5 It appears to be the rejected bidder's view that the bid should not have been rejected because the invitation for bids (IFB) should not have required a bond. Essentially, the objection to the bond requirement is an objection to an impropriety in the IFB which should have been raised before the bid opening. Elevator Sales & Service, Inc., B-193519, February 13, 1979, 79-1 CPD 102. Under our Bid Protest Procedures, 4 C.F.R. part 20 (1980), the bidder's objection is untimely. Section 20.2(b)(1) of the Procedures provides that protests based upon alleged improprieties in an IFB must be made prior to bid opening. Concerning the applicability of our Procedures to protests filed by or referred to our Office by Members of Congress, it has been decided that no protest will be considered on its merits if untimely filed, unless one of the exceptions in section 20.2(c), infra, is applicable regardless of the source of the protest. This policy was adopted because our Office can best function if it is permitted to decide an issue while it is still practicable to take effective action with respect to the procurement where the circum- stances warrant. We are unable to do so if a protest is filed after what we consider to be a reasonable time for the filing of a protest. Moreover, if our Office were to consider an untimely protest on the merits when submitted by a Member of Congress, this _3

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