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B-417491 1 (2019-05-13)

handle is hein.gao/gaobadzgd0001 and id is 1 raw text is: 



GAtO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States




Decision


Matter of:   Warrior Service Company

File:        B-417491

Date:        May 13, 2019

Frank V. Reilly, Esq., Frank V. Reilly Attorney at Law, for the protester.
Kathleen Ellis, Esq., Department of Veterans Affairs, for the agency.
Sarah T. Zaffina, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest challenging alleged improprieties in a solicitation is dismissed as untimely where
the protest was not filed before the time set for receipt of quotations, even though in this
instance, the solicitation required that vendors respond five days after issuance of the
request for quotations, and the protest was filed within ten days of when the solicitation
was issued; while our Office has recognized an exception to the requirement to
challenge alleged solicitation improprieties in cases where an agency has used an
extremely limited response time, our prior cases do not support the use of this exception
when  a vendor has five days before quotations are due, and thus five days to file any
protest challenging the terms of the solicitation.
DECISION

Warrior Service Company  (WSC), of Valley Stream, New York, a service-disabled
veteran-owned small business (SDVOSB),  protests the time to submit quotations
allotted by the Department of Veterans Affairs (VA) under request for quotations (RFQ)
No. 36C24419Q0515   for commercially available off-the-shelf (COTS), brand name or
equal, Carendo Shower  Chairs. The protester argues that the RFQ did not provide
enough  time to prepare a quotation and the brand name or equal requirement unduly
restricts competition.

We  dismiss the protest as untimely.

Our Bid Protest Regulations contain strict rules for the timely submission of protests.
These  rules reflect the dual requirements of giving parties a fair opportunity to present
their cases and resolving protests expeditiously without unduly disrupting or delaying
the procurement process. Verizon Wireless, B-406854, B-406854.2, Sept. 17, 2012,

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