B-196072, OCT 1, 1979

B-196072, OCT 1, 1979

DIGEST: PROTEST FILED MORE THAN 10 WORKING DAYS AFTER BASIS OF PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN IS UNTIMELY UNDER 4 C.F.R. SEC. 20.2(B)(2).

WHITAKER SUPPLY COMPANY, INCORPORATED:

WHITAKER SUPPLY COMPANY, INCORPORATED (WHITAKER), HAS PROTESTED THE REJECTION OF ITS BID AND THE AWARD OF A CONTRACT TO THE BOWMAN COMPANY UNDER SOLICITATION NO. 0338-AA-68-09-HB ISSUED BY THE DISTRICT OF COLUMBIA.

WHITAKER'S PROTEST WAS FILED WITH OUR OFFICE ON SEPTEMBER 18, 1979. ACCORDING TO THE PROTEST FILED BY WHITAKER, IN A MEETING ON JUNE 28, 1979, THE CONTRACTING OFFICER ADVISED THAT HE CONSIDERED WHITAKER'S BID TO BE NONRESPONSIVE AND THAT AWARD OF THE CONTRACT TO BOWMAN WAS GOING TO BE RECOMMENDED TO THE D. C. CORPORATION COUNCIL REVIEW COMMITTEE. WE HAVE BEEN INFORMALLY ADVISED THAT THE CONTRACT WAS AWARDED TO BOWMAN ON JULY 31, 1979, AND NOTICE OF THE AWARD WAS SENT TO WHITAKER ON THE SAME DATE.

UNDER OUR BID PROTEST PROCEDURES (4 C.F.R. PART 20 (1979)), SECTION 20.2(B)(2) REQUIRES PROTESTS TO BE FILED WITH OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. HERE, AT THE LATEST, WHITAKER KNEW AWARD HAD BEEN MADE TO ANOTHER FIRM AFTER ITS RECEIPT OF THE JULY 31 NOTICE OF AWARD. THEREFORE, WHITAKER'S PROTEST, FILED OVER A MONTH LATER, IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.

THE PROTEST IS DISMISSED.