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B-190498 1 (1977-12-19)

handle is hein.gao/gaobadizw0001 and id is 1 raw text is: I I. Li '~\\TH9 CCMPTROLLE 'NERAL DECISION . -4,''; Or THE UNITED LTA .3- 4;. -ii WASHINCTON, D.C. 20540 FILE: B-.'I.0498 DATE: Dezember 19, 1977 MATTER OF Rockwell International--Reconsiderario D 10-EST: Prior decision, holding protest filed after bid opening as untimely under 4 C. F.R. 4 20.2(b) (1) (177), where biddt-r protests solicitation which permitted all or .1o e bids and 4 of 19 items being procured were ou Qualificd ?roducts Lisc (QPL), which was apparent from soltcitation, is affirmed on reconsideration as number of firms on OPL is irrelevant, since protester was n-: on QPL and, thcrefore, could not Ad on all or none basis. Rockwell International (Rockwell) has requesLcd reconqidcra- tion of our decision in the matter of P.uckwell Internaticnal, B-19C498, November 1.. 1977, in which we helR untimely Rockwel's protest under solicitation No. FTAP-B4-95026 issued by the General Services Administration (GSA). Rockwell's protest was based on the cont,'ntion that GSA improperly included four ttems in the solicitation, soliciting bids on 19 portable electric power tools, which were effectively sole-source items to lack & Decker Manufacturing Company (B&D) as the only firm on the Qualified Products List (QPL) for these four items. B&D submitted the low bid under the solicilation on an all or none basis. Rockwell contends that these four items should not be awarded bu; negotiated sole-source with B&D and that the award for the remaining items should be made to Rockwell based on its low all or none bid excluding the four sole-source items. We found the prote.st to be untimely fil.-td under 4 C.F.R. § 20.2(b)(1) of our Bid Protest Procedures (4 C.F.R. part 20 (1977)) which require,, protests based upon alleged improprieties apparert prior to bid opening to be filed prior to bid opening. The .olicltation permitted all or none bids and stated taat the four items were restricted to sources on the QPL and, therefore, we stated Rockwell should have known that B&D could )id as it did under the terms of the solicitation. -l -