B-189590, AUGUST 9, 1977

B-189590, AUGUST 9, 1977

WHERE PROTEST IS NOT FILED WITH GAO WITHIN 10 WORKING DAYS OF ACTUAL KNOWLEDGE OF INITIAL ADVERSE AGENCY ACTION, PROTEST IS UNTIMELY FILED AND NOT FOR CONSIDERATION.

ELGIN SWEEPER COMPANY:

THIS IS A PROTEST BY ELGIN SWEEPER COMPANY (ELGIN) AGAINST THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER INVITATION FOR BIDS (IFB) NO. DABT35-77 -B-0036, ISSUED BY THE DEPARTMENT OF THE ARMY, FORT DIX, NEW JERSEY, FOR VACUUM STREET SWEEPERS. ELGIN CONTENDS THAT THE SPECIFICATIONS, AS WRITTEN, ARE RESTRICTIVE AND DO NOT ALLOW FOR COMPETITIVE BIDDING IN ACCORDANCE WITH DEPARTMENT OF DEFENSE PROCUREMENT REGULATIONS.

THE RECORD SHOWS THAT ELGIN PROTESTED THE RESTRICTIVE SPECIFICATIONS TO THE PROCURING ACTIVITY BY LETTER DATED JUNE 9, 1977. ON JUNE 14, 1977, ELGIN WAS ORALLY ADVISED BY THE PROCURING ACTIVITY THAT IT WOULD NOT MODIFY THE SPECIFICATIONS, THUS DENYING ELGIN'S PROTEST.

OUR BID PROTEST PROCEDURES, SPECIFICALLY 4 C.F.R. 20.2(A) (1976), REQUIRE THAT A PROTEST MUST BE FILED WITHIN 10 WORKING DAYS OF THE DAY THE PROTESTER RECEIVES ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE INITIAL ADVERSE AGENCY ACTION ON ITS PROTEST TO THE AGENCY. ELGIN'S PROTEST WAS RECEIVED IN OUR OFFICE ON JULY 13, 1977. SINCE THIS WAS MORE THAN 10 WORKING DAYS AFTER ELGIN WAS INFORMED OF THE PROCURING ACTIVITY'S DENIAL OF ITS PROTEST, THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.