B-175854(2), SEP 1, 1972

B-175854(2): Sep 1, 1972

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IT WOULD APPEAR THAT THE CIRCUMSTANCES OF THIS PROTEST WERE SUCH THAT THE DELAY IN SUBMISSION OF THE REPORT WAS UNREASONABLE. SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEYS FOR BALLANTINE LABORATORIES. WHICH WAS THE SUBJECT OF A REPORT DATED JULY 5. BALLANTINE'S ATTORNEYS HAVE MADE CERTAIN CHARGES CONCERNING THE PROPRIETY OF THE URGENCY DETERMINATION JUSTIFYING AWARD PRIOR TO RESOLUTION OF THE PROTEST AND THE PROTRACTED LENGTH OF TIME INVOLVED IN SUBMITTING THE ADMINISTRATIVE REPORT TO OUR OFFICE. WE NOTE THAT THE REPORT WAS NOT RECEIVED BY OUR OFFICE UNTIL ALMOST 40 WORKING DAYS AFTER IT WAS REQUESTED AND THE PROTESTING BIDDER WAS NOT FURNISHED A COPY. IT WOULD APPEAR THAT THE CIRCUMSTANCES OF THIS PROTEST ARE SUCH THAT THE DELAY IN FURNISHING THE REPORT WAS UNREASONABLE.

B-175854(2), SEP 1, 1972

BID PROTEST - ADMINISTRATIVE REPORTS - TIMELINESS LETTER REGARDING DECISION OF TODAY TO ATTORNEYS FOR BALLANTINE LABORATORIES, INC., DENYING THEIR PROTEST AGAINST THE REJECTION OF THEIR BID UNDER AN IFB ISSUED BY THE FEDERAL AVIATION ADMINISTRATION. THE INTERIM BID PROTEST PROCEDURES AND STANDARDS, 4 CFR 20, PROVIDE FOR SUBMISSION OF ADMINISTRATIVE REPORTS WITHIN 20 WORKING DAYS, WITH A COPY TO THE PROTESTOR. IT WOULD APPEAR THAT THE CIRCUMSTANCES OF THIS PROTEST WERE SUCH THAT THE DELAY IN SUBMISSION OF THE REPORT WAS UNREASONABLE.

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO THE ATTORNEYS FOR BALLANTINE LABORATORIES, INCORPORATED, DENYING BALLANTINE'S PROTEST AGAINST REJECTION OF ITS BID UNDER INVITATION FOR BIDS NO. WA5M2-7547-B 1, ISSUED BY THE FEDERAL AVIATION ADMINISTRATION, WHICH WAS THE SUBJECT OF A REPORT DATED JULY 5, 1972.

IN ADDITION TO THE PROTEST ON THE MERITS OF REJECTION OF BALLANTINE'S BID, IN A LETTER DATED JULY 10, 1972 (COPY ENCLOSED), BALLANTINE'S ATTORNEYS HAVE MADE CERTAIN CHARGES CONCERNING THE PROPRIETY OF THE URGENCY DETERMINATION JUSTIFYING AWARD PRIOR TO RESOLUTION OF THE PROTEST AND THE PROTRACTED LENGTH OF TIME INVOLVED IN SUBMITTING THE ADMINISTRATIVE REPORT TO OUR OFFICE. CONCERNING THE LATTER, WE NOTE THAT THE REPORT WAS NOT RECEIVED BY OUR OFFICE UNTIL ALMOST 40 WORKING DAYS AFTER IT WAS REQUESTED AND THE PROTESTING BIDDER WAS NOT FURNISHED A COPY.

IN THIS CONNECTION, OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS, 4 CFR 20, PROVIDE FOR SUBMISSION OF SUCH REPORT WITHIN 20 WORKING DAYS WITH A COPY TO THE PROTESTOR. IT WOULD APPEAR THAT THE CIRCUMSTANCES OF THIS PROTEST ARE SUCH THAT THE DELAY IN FURNISHING THE REPORT WAS UNREASONABLE.

WE CALL THE MATTER TO YOUR ATTENTION IN THE HOPE THAT APPROPRIATE ACTION WILL BE TAKEN TO PREVENT A RECURRENCE IN FUTURE PROCUREMENTS.

WE ARE RETURNING THE UNOPENED BID PACKAGE.