[Protest of HHS Issuance of Delivery Order]

A firm protested the National Institutes of Health's (NIH) issuance of a delivery order for automatic data processing equipment under a Federal Supply Schedule contract. The protester stated that the equipment which the awardee furnished was not on its supply schedule contract and, therefore, the purchase was improper. Bid protest procedures require that protests be filed within 10 working days after the basis for the protest is known. In addition, if a protest is initially filed with a contracting activity, any subsequent protest to GAO must be filed within 10 working days of actual or constructive notice of the initial adverse agency action. Since the protest was not received within the required timeframe it was untimely filed. Accordingly, the protest was dismissed.