We need not resolve whether this procurement was conducted
on the basis of competitive proposals within the meaning
of our timeliness rules because we find that this protest
is appropriate for consideration under the significant
issue exception to our timeliness rules. 4 C.F.R. sect.
21.2(c). What constitutes a significant issue is to be
decided on a case-by-case basis. Pyxis Corp., B-282469,
B-282469.2, July 15, 1999, 99‑2 CPD para. 18 at 4. We
generally regard a significant issue as one of widespread
interest to the procurement community and that has not
been previously decided. Satilla Rural Electric Membership
Corp., B‑238187, May 7, 1990, 90-1 CPD para. 456 at 3. The
issue here--the application of conflict of interest
regulations to peer review evaluators in SBIR
procurements--is not one that we have previously decided
and is one that can be expected to arise in future SBIR
procurements. Accordingly, we consider the issue raised to
be a significant one that should be treated on the merits.
(Celadon Laboratories, Inc.,
B-298533, November 1, 2006) (pdf)
Reedsport does not argue that its protest is timely;
rather, it asserts that its protest should be heard under
section 21.2(c) of our Regulations, which provides that we
may consider an otherwise untimely protest where there was
good cause for the untimely filing--some compelling reason
beyond the protester’s control that prevented the
protester from filing a timely protest--or the protest
presents a significant issue--one of widespread interest
to the procurement community that has not previously been
considered. Industrial Acoustics Co., Inc.--Recon.,
B-246260.2, Jan. 28, 1992, 92-1 CPD ¶ 120 at 2. This
protest falls under neither exception. Reedsport does not
allege, and there is nothing in the record to indicate,
that Reedsport was somehow prevented from timely
protesting the amendment, and while the issues raised are
of interest to the protester, they are limited to the
procurements in issue and are not of widespread interest
to the procurement community. See R & K Contractors, Inc.,
B‑292287, July 23, 2003, 2003 CPD ¶ 149 at 5 n.3. (Reedsport
Machine & Fabrication, B-293110.2; B-293556, April 13,
2004) (pdf) |
