B-217453, JAN 18, 1985, 85-1 CPD 64
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST NOT RECEIVED IN OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS OF PROTEST IS KNOWN IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS. GENERAL ASSERTS THAT IT WAS THE LOW BIDDER AND WAS ENTITLED TO THE AWARD. THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS NOVEMBER 23. GENERAL'S PROTEST TO GAO WAS FILED (RECEIVED) ON DECEMBER 24. GENERAL'S PROTEST WAS FILED IN OUR OFFICE MORE THAN 10 WORKING DAYS THEREAFTER. THE PROTEST IS UNTIMELY AND WE WILL NOT CONSIDER IT ON THE MERITS.
B-217453, JAN 18, 1985, 85-1 CPD 64
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST NOT RECEIVED IN OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS OF PROTEST IS KNOWN IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.
GENERAL ELEVATOR COMPANY, INC.
GENERAL ELEVATOR COMPANY, INC. (GENERAL), PROTESTS THE AWARD OF A CONTRACT FOR ELEVATOR MAINTENANCE TO THE OTIS ELEVATOR COMPANY (OTIS) UNDER REQUEST FOR PROPOSALS NO. 652-39-85 ISSUED BY THE VETERANS ADMINISTRATION. GENERAL ASSERTS THAT IT WAS THE LOW BIDDER AND WAS ENTITLED TO THE AWARD. WE DISMISS THE PROTEST AS UNTIMELY.
THE CLOSING DATE FOR RECEIPT OF PROPOSALS WAS NOVEMBER 23, 1984. LETTER DATED NOVEMBER 30, 1984, THE CONTRACTING OFFICER ADVISED GENERAL THAT THE CONTRACT HAD BEEN AWARDED TO OTIS AND PROVIDED AN EXPLANATION FOR THE BASIS FOR THE AWARD. GENERAL STATES THAT IT RECEIVED THIS LETTER ON DECEMBER 5, 1984. GENERAL'S PROTEST TO GAO WAS FILED (RECEIVED) ON DECEMBER 24, 1984.
UNDER OUR BID PROTEST PROCEDURES, A PROTEST MUST BE FILED WITH OUR OFFICE OR THE AGENCY INVOLVED WITHIN 10 WORKING DAYS AFTER THE PROTESTER LEARNS THE BASIS FOR ITS PROTEST. 4 C.F.R. SECS. 21.2(B)(2) (1984). THE 10- WORKING-DAY PERIOD BEGAN WHEN GENERAL RECEIVED NOTIFICATION FROM THE CONTRACTING AGENCY ADVISING IT OF THE AWARD AND THE BASIS FOR THE AWARD. DORSET MANUFACTURING & ELECTRONICS, INC., B-215377, SEPT. 6, 1984, 84-2 CPD PARA. 260. GENERAL'S PROTEST WAS FILED IN OUR OFFICE MORE THAN 10 WORKING DAYS THEREAFTER. ACCORDINGLY, THE PROTEST IS UNTIMELY AND WE WILL NOT CONSIDER IT ON THE MERITS.