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B-185660 1 (1976-04-08)

handle is hein.gao/gaobaddpu0001 and id is 1 raw text is: -- THE COMPTROLLER GENERAL DECISION , . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-185660 DATE: April 8, 1976 MATTER OF: Ecodyne Cooling Products Division DIGEST: 1. Protest alleging restrictive specification requirements is untimely where basis for protest was apparent from invita- tion for bids but protest was not filed until after bid opening. 2. Protester's allegation that it was misled into believing that bid opening would be postponed to allow for rewrite of specifications is not supported by protester's own docu- ments, from which it appears that protester anticipated bids would be opened at scheduled time. On behalf of the Energy Research and Development Administration (ERDA) under prime contract No. W-7405-ENG-26, Union Carbide Corporation, Nuclear Division (Carbide) issued an invitation for bids on October 30, 1975, for cooling towers for the Paducah Gaseous Diffusion Plant. The IFB was amended for specification changes on several occasions and the bid opening date was extended from November 25, 1975, to December 10, 1975. On December 30, 1975, Ecodyne Cooling Products Division (Ecodyne) filed a protest in our Office alleging defects in the specification requirements. Ecodyne claims that the specifica- tion requirements were unduly restrictive and infringed on tested engineering principles. Moreover, Ecodyne claims that it was led to believe that the specifications would be rewritten and that the scheduled bid opening date would be postponed to permit specification revision. For the reasons stated herein, the protest is untimely and will not be considered on the merits. Section 20.2 of our Bid Protest Procedures, 40 Fed. Reg. 17979 (1975), provides in part: (b)(l) Protests based upon alleged improprie- ties 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. - 1 -

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