B-217128, DEC 11, 1984, 84-2 CPD 656
Highlights
PROTEST FILED WITH GAO MORE THAN 2 MONTHS AFTER PROTESTOR KNEW THE BASES OF THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS. GAO CONSIDERS THE PROPRIETY OF AN AWARD OR PROPOSED AWARD AND NOT GENERAL ALLEGATIONS THAT AGENCIES HAVE ACTED IMPROPERLY IN REGARD TO UNSPECIFIED PAST AND PRESENT PROCUREMENTS. THE AWARD WAS MADE IN APRIL 1984. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BE FILED WITH OUR OFFICE NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER. 4 C.F.R. AT LEAST 2 MONTHS AFTER THE BASES WERE KNOWN (SEPTEMBER 10. IS CLEARLY UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS. GAO CONSIDERS THE PROPRIETY OF AN AWARD OR PROPOSED AWARD UNDER A SPECIFIC SOLICITATION AND NOT GENERAL ALLEGATIONS THAT AGENCIES HAVE ACTED IMPROPERLY IN REGARD TO UNSPECIFIED PAST AND PRESENT PROCUREMENTS.
B-217128, DEC 11, 1984, 84-2 CPD 656
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTOR DIGEST: 1. PROTEST FILED WITH GAO MORE THAN 2 MONTHS AFTER PROTESTOR KNEW THE BASES OF THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS. CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE FUNCTION - SCOPE OF REVIEW OF AGENCY ACTION 2. UNDER GAO'S BID PROTEST PROCEDURES, GAO CONSIDERS THE PROPRIETY OF AN AWARD OR PROPOSED AWARD AND NOT GENERAL ALLEGATIONS THAT AGENCIES HAVE ACTED IMPROPERLY IN REGARD TO UNSPECIFIED PAST AND PRESENT PROCUREMENTS.
ODNAC INC.:
ODNAC INC. (ODNAC) PROTESTS THE PURCHASING PROCEDURES AND THE AWARD OF A CONTRACT MADE UNDER REQUEST FOR PROPOSALS NO. 84-57EC-0001, ISSUED BY THE UNITED STATES DEPARTMENT OF ENERGY, ARGONNE NATIONAL LABORATORY, FOR ASSISTANCE IN THE RESEARCH AND RECRUITMENT OF PERSONNEL. THE AWARD WAS MADE IN APRIL 1984. IN ADDITION, ODNAC GENERALLY PROTESTS THE PURCHASING PROCEDURES WHICH IT HAS EXPERIENCED AT OTHER UNNAMED FEDERAL AGENCIES. ODNAC'S PROTEST LETTER OF NOVEMBER 7, 1984, RECEIVED ON NOVEMBER 15, 1984, ENCLOSED A COPY OF A LETTER DATED SEPTEMBER 10, 1984, FROM ODNAC TO A CONGRESSIONAL SOURCE CONCERNING THE SAME MATTERS AS PROTESTED HERE.
WE DISMISS THE PROTEST.
OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BE FILED WITH OUR OFFICE NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. 4 C.F.R. SEC. 21.2(B)(2) (1984). ODNAC'S PROTEST, FILED IN NOVEMBER 1984, AT LEAST 2 MONTHS AFTER THE BASES WERE KNOWN (SEPTEMBER 10, 1984), IS CLEARLY UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS. GRANGEVILLE CHAMBER OF COMMERCE, B-215392, JUNE 27, 1984, 84-1 CPD PARA. 682.
MOREOVER, GAO CONSIDERS THE PROPRIETY OF AN AWARD OR PROPOSED AWARD UNDER A SPECIFIC SOLICITATION AND NOT GENERAL ALLEGATIONS THAT AGENCIES HAVE ACTED IMPROPERLY IN REGARD TO UNSPECIFIED PAST AND PRESENT PROCUREMENTS. EQUIPMENT & SUPPLY SERVICE CO., B-215776, AUG. 30, 1984, 84-2 CPD PARA. 241.