B-218440, MAY 24, 1985, 85-1 CPD 603
Highlights
EFFECT ON 10 WORKING DAY GAO FILING PERIOD DIGEST: WHERE THE INITIAL PROTEST IS UNTIMELY FILED WITH THE CONTRACTING AGENCY (MORE THAN 10 WORKING DAYS AFTER BASIS OF PROTEST IS KNOWN). SUBSEQUENT PROTEST TO GAO WILL NOT BE CONSIDERED EVEN THOUGH IT WAS FILED WITHIN 10 WORKING DAYS OF THE AGENCY DENIAL OF THE PROTESTER'S INITIAL PROTEST. BID OPENING WAS ON MARCH 4. IT WAS SUBSEQUENTLY DETERMINED BY THE PROCURING ACTIVITY THAT IT HAD OVERSTATED ITS REQUIREMENTS FOR THE SHIPMENT OF PACKAGES IN WEIGHT CATEGORIES BETWEEN 20 AND 50 POUNDS. EMERY WAS ADVISED THAT NEW BIDS WOULD BE TAKEN BECAUSE OF THESE REVISED SPECIFICATIONS. OUR BID PROTEST REGULATIONS REQUIRE THAT PROTESTS BE RECEIVED IN OUR OFFICE OR THE CONTRACTING AGENCY WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN. 4 C.F.R.
B-218440, MAY 24, 1985, 85-1 CPD 603
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - ADVERSE AGENCY ACTION EFFECT - INTERIM APPEALS TO AGENCY-- EFFECT ON 10 WORKING DAY GAO FILING PERIOD DIGEST: WHERE THE INITIAL PROTEST IS UNTIMELY FILED WITH THE CONTRACTING AGENCY (MORE THAN 10 WORKING DAYS AFTER BASIS OF PROTEST IS KNOWN), SUBSEQUENT PROTEST TO GAO WILL NOT BE CONSIDERED EVEN THOUGH IT WAS FILED WITHIN 10 WORKING DAYS OF THE AGENCY DENIAL OF THE PROTESTER'S INITIAL PROTEST.
EMERY WORLDWIDE:
EMERY WORLDWIDE (EMERY) PROTESTS THE AMENDMENT OF INVITATION FOR BIDS (IFB) N62742-85-B-0506, ISSUED BY THE NAVAL FACILITIES ENGINEERING COMMAND.
WE DISMISS THE PROTEST AS UNTIMELY.
BID OPENING WAS ON MARCH 4, 1985. IT WAS SUBSEQUENTLY DETERMINED BY THE PROCURING ACTIVITY THAT IT HAD OVERSTATED ITS REQUIREMENTS FOR THE SHIPMENT OF PACKAGES IN WEIGHT CATEGORIES BETWEEN 20 AND 50 POUNDS. MARCH 8, 1985, EMERY WAS ADVISED THAT NEW BIDS WOULD BE TAKEN BECAUSE OF THESE REVISED SPECIFICATIONS. EMERY PROTESTED TO THE NAVY ON MARCH 25, 1985. THE NAVY DENIED EMERY'S PROTEST BY LETTER DATED MARCH 26, 1985. EMERY FILED ITS PROTEST WITH GAO ON MARCH 29, 1985.
OUR BID PROTEST REGULATIONS REQUIRE THAT PROTESTS BE RECEIVED IN OUR OFFICE OR THE CONTRACTING AGENCY WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN. 4 C.F.R. SEC. 21.2(A)(2) (1985).
A PROTEST INITIALLY FILED WITH THE CONTRACTING AGENCY AND SUBSEQUENTLY FILED WITH OUR OFFICE WITHIN 10 DAYS OF THE PROTESTER'S NOTIFICATION OF THE INITIAL ADVERSE AGENCY ACTION WILL BE CONSIDERED ONLY IF THE INITIAL PROTEST TO THE AGENCY WAS FILED WITHIN THE TIME LIMITS SET FORTH IN 4 C.F.R. SEC. 21.2(A) (1985). SEE DAKOTA WOODWORKS, B-217047, FEB. 27, 1985, 64 COMP.GEN. ---, 85-1 CPD PARA. 248.
ALTHOUGH EMERY'S PROTEST TO OUR OFFICE WAS FILED WITHIN 10 WORKING DAYS OF THE NAVY'S DENIAL OF ITS PROTEST, EMERY'S INITIAL PROTEST WAS NOT FILED WITH THE NAVY WITHIN THE TIME LIMITS OUTLINED ABOVE, A PREREQUISITE TO OUR CONSIDERATION FOR THE PROTEST BEFORE US. EMERY WAS NOTIFIED ON MARCH 8, 1985, THAT NEW BIDS WOULD BE SOLICITED FOR REDUCED REQUIREMENTS AND EMERY DID NOT PROTEST TO THE NAVY UNTIL MARCH 25, 1985, MORE THAN 10 WORKING DAYS AFTER EMERY LEARNED OF THE BASIS OF ITS PROTEST.