Link: GAO Opinion
Agency: Department of Navy
Disposition: Protest dismissed.
Keywords: Timely Filing; Protest of Terms of the Solicitation
General Counsel P.C. Highlight: Any protest challenging the terms of a solicitation must be filed prior to the time for receipt of proposals.
Baldt, Inc. (Baldt) protests the award of a contract, under a request for quotations (RFQ), issued by the Department of the Navy (Navy), for a non-magnetic stud link chain. The Navy issued the RFQ using simplified acquisition procedures (available for purchases of $100,000 or less. Baldt’s proposed price was $864,000 and the awardee’s price was $720,000.
GAO finds that the protest is untimely and not for consideration by the GAO where protests based upon alleged improprieties in a solicitation that are apparent prior to the time set for receipt of initial proposals must be filed prior to that time. Baldt knew, or should have known, prior to the time set for receipt of quotes, that its own quote would be priced more than eight times higher than the simplified acquisition threshold, and that any resulting contract would likely exceed the threshold. GAO finds that Baldt was required to protest the Navy’s use of simplified acquisition procedures prior the closing time, rather than waiting after award.
The “good cause” or “significant issue” exceptions to GAO’s timeliness rules do not apply since Baldt has not demonstrated a compelling reason beyond their control that prevented Baldt from filing a timely protest and the record does not show that the issues raised are of widespread interest to the procurement community that would warrant resolution in the context of an otherwise untimely protest. The protest is dismissed.