B-220238, SEP 13, 1985, 85-2 CPD 289

B-220238, SEP 13, 1985, 85-2 CPD 289

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: BASIS FOR PROTEST MAY BE LEARNED OF ORALLY, AND TIME FOR FILING PROTEST BEGINS TO RUN FROM THE DATE ORAL ADVICE IS PROVIDED, NOTWITHSTANDING THAT WRITTEN CONFIRMATION IS PROVIDED LATER.

FREUND PRECISION, INC.:

FREUND PRECISION, INC. PROTESTS THE AWARD OF A CONTRACT TO A COMPETITOR BY THE DEFENSE LOGISTICS AGENCY UNDER REQUEST FOR PROPOSALS NO. DLA120-85- R-1028. WE FIND THE PROTEST TO BE UNTIMELY.

THE DOCUMENTS SUBMITTED BY THE PROTESTER INCLUDE A COPY OF A LETTER DATED AUGUST 15, 1985, IN WHICH THE PROTESTER INFORMS THE CONTRACTING AGENCY THAT IT WILL BE PROTESTING "BASED ON THE VERBAL CONVERSATION WE HAD," BUT THAT IT FIRST WANTS "WRITTEN CONFIRMATION ... SO THAT IT CAN FORMALLY PROTEST. ..." IT IS APPARENT FROM THIS LETTER THAT FREUND WAS AWARE OF ITS BASIS FOR PROTEST AT LEAST BY AUGUST 15. THE FACT THAT IT MAY HAVE LEARNED OF THAT BASIS ORALLY DID NOT ENTITLE IT TO WAIT FOR WRITTEN CONFIRMATION BEFORE PROTESTING, AS OUR BID PROTEST REGULATIONS AT 4 C.F.R. SEC. 21.2(A) (1985) SIMPLY REQUIRE A PROTEST SUCH AS THIS TO BE FILED WITHIN 10 DAYS OF WHEN THE BASIS FOR PROTEST IS KNOWN. THAT BASIS MAY BE LEARNED OF ORALLY. SEE, E.G., FLS, INC., B-212066, JULY 21, 1983, 83-2 CPD PARA. 109; A-RENTALS, INC., B-211326.2, MAR 31, 1983, 83-1 CPD PARA. 580.

THE PROTEST IS DISMISSED.