B-196503, JAN 22, 1980

B-196503, JAN 22, 1980

DIGEST: PROTEST FILED MORE THAN 10 DAYS AFTER BASIS OF PROTEST WAS KNOWN IS UNTIMELY. 4 C.F.R. SEC. 20(B) (1979).

LAB TEX NUCLEAR, INC.:

LAB TEX NUCLEAR, INC. (LTN) PROTESTS THE AWARD OF A CONTRACT TO SEARLE RADIOGRAPHICS (SEARLE) FOR MAINTENANCE OF MEDICAL EQUIPMENT AT WILFORD HALL MEDICAL CENTER, LACKLAND AIR FORCE BASE, TEXAS.

THE AIR FORCE FIRST ISSUED THE SOLICITATION, RFP NO. F41800-79-R 0345, ON JULY 16, 1979, TO SEARLE ON A SOLE-SOURCE BASIS. LTN AND ANOTHER FIRM REQUESTED COPIES OF THE SOLICITATION, AND SUBMITTED PROPOSALS FOR SOME, BUT NOT ALL, OF THE REQUIRED ITEMS. SEARLE PROPOSED ON ALL ITEMS. THE AIR FORCE REPORTS THAT IT AMENDED THE SOLICITATION TO REQUIRE THAT OFFERORS PROPOSE ON ALL ITEMS, AND TO REQUEST BEST AND FINAL OFFERS BY AUGUST 23, 1979. LTN FAILED TO OFFER A PRICE FOR EVERY ITEM, AND AGAIN SEARLE OFFERED TO PERFORM ALL ITEMS. AWARD WAS MADE TO SEARLE ON AUGUST 30, 1979.

ACCORDING TO THE AIR FORCE, IT INFORMED LTN ON AUGUST 29, 1979, THAT ITS OFFER WAS BEING REJECTED. LTN FILED ITS PROTEST ON OCTOBER 19, 1979, BASICALLY CHALLENGING THE REJECTION OF ITS OFFER FOR FAILURE TO INCLUDE ALL ITEMS.

IN OUR BID PROTEST PROCEDURES, WE REQUIRE THAT TO BE TIMELY A PROTEST MUST BE FILED WITHIN 10 DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. 4 C.F.R. SEC. 20(B)(2) (1979). APPARENTLY, LTN DID KNOW THE BASIS OF ITS PROTEST ON AUGUST 29. ITS SUBMISSION INDICATES THAT LTN THEN COMPLAINED TO A LOCAL SBA REPRESENTATIVE ABOUT THE REJECTION OF ITS OFFER AND THE AWARD TO SEARLE. HOWEVER, LTN DID NOT FILE ITS PROTEST WITH THIS OFFICE UNTIL OCTOBER 19, 1979, APPROXIMATELY ONE AND ONE-HALF MONTHS AFTER THE BASIS OF THE PROTEST WAS KNOWN. THEREFORE, THE PROTEST IS UNTIMELY.

THE PROTEST IS DISMISSED.