B-216305, SEP 24, 1984, 84-2 CPD 339
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: A PROTEST NOT RECEIVED IN THE CONTRACTING AGENCY WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN AND NOT RECEIVED IN OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE INITIAL ADVERSE AGENCY ACTION IS UNTIMELY UNDER SECTION 21.2 OF OUR BID PROTEST PROCEDURES AND WILL NOT BE CONSIDERED. THE THREE SOLICITATIONS WERE ISSUED BY THE DEFENSE LOGISTICS AGENCY (DLA). SINCE THE PROTESTS ARE UNTIMELY. WHICH WAS ANSWERED BY A LETTER FROM DLA. THE DLA RESPONSE ALSO INDICATED THAT IT WAS IN REPLY TO SIMILAR INQUIRIES CONCERNING IFB NO.
B-216305, SEP 24, 1984, 84-2 CPD 339
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: A PROTEST NOT RECEIVED IN THE CONTRACTING AGENCY WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN AND NOT RECEIVED IN OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE INITIAL ADVERSE AGENCY ACTION IS UNTIMELY UNDER SECTION 21.2 OF OUR BID PROTEST PROCEDURES AND WILL NOT BE CONSIDERED.
SEAMLESS HOSPITAL PRODUCTS COMPANY:
SEAMLESS HOSPITAL PRODUCTS COMPANY (SEAMLESS) PROTESTS APPLICATION OF THE BUY AMERICAN ACT, 41 U.S.C. SEC. 10A (1982), AND THE REJECTION OF ITS BIDS UNDER INVITATIONS FOR BIDS (IFB) NOS. 120-84-B-0347 AND 120 84-B-0798 AND ITS OFFER UNDER REQUEST FOR PROPOSALS (RFP) NO. 120-84-R 0999. THE THREE SOLICITATIONS WERE ISSUED BY THE DEFENSE LOGISTICS AGENCY (DLA).
WE DISMISS THE PROTESTS WITHOUT OBTAINING A REPORT FROM THE CONTRACTING AGENCY IN ACCORDANCE WITH SECTION 21.3(G) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.3(G) (1984), SINCE THE PROTESTS ARE UNTIMELY.
BY A LETTER DATED JUNE 6, 1984, SEAMLESS REQUESTED AN EXPLANATION OF THE APPLICATION OF THE BUY AMERICAN FACTORS TO THE BID UNDER IFB NO. DLA120-84 -B-0347, WHICH WAS ANSWERED BY A LETTER FROM DLA, DATED JUNE 22, 1984. THE DLA RESPONSE ALSO INDICATED THAT IT WAS IN REPLY TO SIMILAR INQUIRIES CONCERNING IFB NO. DLA120-84-B-0798 AND RFP NO. DLA120-84-R-0999.
BY LETTER OF JULY 18, 1984, MORE THAN 10 WORKING DAYS AFTER THE LETTER OF DLA, SEAMLESS PROTESTED TO DLA THE APPLICATION OF THE BUY AMERICAN FACTORS TO ITS THREE OFFERS. DLA SUSTAINED ITS ACTION AND, IN EFFECT, DENIED THE PROTESTS OF SEAMLESS IN A LETTER DATED JULY 30, 1984. THE PROTESTS OF SEAMLESS TO OUR OFFICE, BY LETTER OF AUGUST 31, 1984, WERE RECEIVED ON SEPTEMBER 5, 1984, APPROXIMATELY A MONTH FOLLOWING THE ADVERSE ACTION OF DLA.
SECTION 21.2 OF OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.2 (1984), PROVIDES, IN PERTINENT PART, THAT A PROTEST MUST BE RECEIVED IN THE CONTRACTING AGENCY OR IN THE GENERAL ACCOUNTING OFFICE (GAO) WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. IF THE PROTEST IS INITIALLY FILED WITH THE CONTRACTING AGENCY, A SUBSEQUENT PROTEST TO GAO MUST BE RECEIVED IN GAO WITHIN 10 WORKING DAYS OF FORMAL NOTIFICATION OR ACTUAL KNOWLEDGE OF THE INITIAL ADVERSE AGENCY ACTION.
THE INITIAL PROTESTS WERE NOT TIMELY FILED WITH THE CONTRACTING AGENCY. MOREOVER, THE SUBSEQUENT PROTESTS WERE NOT TIMELY FILED AT GAO AND, THEREFORE, WILL NOT BE CONSIDERED.