B-188960, JUNE 27, 1977

B-188960, JUNE 27, 1977

PROTEST FILED MORE THAN 10 DAYS AFTER BASIS FOR PROTEST WAS KNOWN, OR SHOULD HAVE BEEN KNOWN, IS UNTIMELY AND INELIGIBLE FOR CONSIDERATION ON THE MERITS.

JERRY M. LEWIS TRUCK PARTS & EQUIPMENT, INC.:

THE SUBJECT PROTEST HAS BEEN FILED AGAINST THE AWARD OF A CONTRACT TO ALL -FLO PRODUCTS COMPANY, INC. (ALL-FLO) BY THE U.S. ARMY TANK AUTOMOTIVE MATERIEL READINESS COMMAND, WARREN, MICHIGAN, UNDER SOLICITATION DAAE07-77 -B-0070. THE BASIS FOR THE PROTEST IS A SUSPECTED MISCALCULATION BY THE ARMY IN EVALUATING F.O.B. ORIGIN OFFERS.

THE RECORD INDICATES THAT THE PROTEST IS UNTIMELY. BY LETTER OF MARCH 18, 1977, THE ARMY NOTIFIED THE PROTESTER OF THE AWARD TO ALL FLO, OF THE AWARD PRICE, AND THAT THE AWARD WAS BASED ON F.O.B. ORIGIN FREIGHT RATES. BY TELEGRAMS OF APRIL 22 AND APRIL 27, 1977 (THE LATTER RECEIVED APRIL 28, 1977) TO THE CONTRACTING AGENCY AND THIS OFFICE RESPECTIVELY, THE PROTESTER OBJECTED TO THE AWARD TO ALL-FLO, AND BY LETTER OF APRIL 27, 1977, RECEIVED IN THIS OFFICE ON MAY 4, 1977, THE PROTESTER ADVISED US OF THE BASIS FOR ITS PROTEST.

OUR BID PROTEST PROCEDURES, 4 C.F.R.PART 20 (1977), REQUIRE THAT BID PROTESTS BE FILED NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR PROTEST IS KNOWN, OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. C.F.R. 20.2(B)(2). THE TERM "FILED" MEANS RECEIPT IN THE CONTRACTING AGENCY OR IN THIS OFFICE AS THE CASE MAY BE.

SINCE THE PROTEST WAS NOT "FILED" WITHIN THE REQUIRED PERIOD, IT IS INELIGIBLE FOR CONSIDERATION ON THE MERITS. ACCORDINGLY, THE MATTER IS DISMISSED.