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B-212340.2 1 (1983-08-09)

handle is hein.gao/gaobadlgg0001 and id is 1 raw text is: '01THE COMPTROLLER GENERAL DECISION O F THE UNITEO STATES WASHINGTON. 0. C. 20548 UN, ETi FILE: B-212340.2 DATE: August 9, 1983 MATTER OF: LePrix Electrical Distributors, Ltd.--Reconsideration DIGEST: Protester whose initial protest was dismissed as untimely because it alleged an impropriety in an invitation for bids (IFB) but was not filed until after bid opening may not obtain consideration of same issue by alleging that timeliness should be calculated from date protester learned its bid was nonresponsive for failure to comply with disputed IFB provision because that would circumvent the purpose of GAO's timeliness requirements, which is to give protester and interested parties fair opportunity to present their cases with minimal disruption to the orderly and expeditious process of Government procurements. LePrix Electrical Distributors, Ltd. (LePrix), requests reconsideration of our decision in LePrix Electrical Distributors, Ltd., B-212340, July 21, 1983, 83-2 CPD . Our decision dismissed as untimely a protest filed by LePrix which alleged that a solicitation requirement that a sample be submitted with its bid was unreasonable. Since LePrix did not protest this issue until after bid opening, we dismissed the protest as untimely. See 4 C.F.R. § 21 (1983). LePrix disputes our finding, arguing that timeliness should be cal- culated from the date LePrix was informed that its bid was nonresponsive. We will not consider LePrix's protest on this basis. To do so would render meaningless our requirements with respect to timeliness. We cannot permit those who initially fail to submit a timely protest of an alleged impropriety in an invitation for bids (IFB) to circumvent our procedures and have the same issue considered simply by reclassifying the protest as one concerning the nonresponsiveness determination stemming from the protester's failure to comply with the disputed IFB provision. This would circumvent the purpose of our timeliness requirements, which

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