B-176134, JUL 6, 1972

B-176134: Jul 6, 1972

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THE PROVISIONS OF 4 CFR 20.2(A) REQUIRE THAT PROTESTS BE FILED WITH GAO NOT LATER THAN FIVE DAYS AFTER THEIR BASIS IS KNOWN. THE PRESENT PROTEST IS UNTIMELY AND THE GAO FILE IS BEING CLOSED WITHOUT FURTHER ACTION. INC.: FURTHER REFERENCE IS MADE TO YOUR TELEFAX OF JUNE 2. IT IS APPARENT THAT YOUR PROTEST INVOLVES THE PROPRIETY OF THE DEPARTMENT'S ACTIONS TAKEN IN MARCH 1972 WITH RESPECT TO YOUR LOW BID UNDER IFB-0430. WHICH ARE IN THE CODE OF FEDERAL REGULATIONS (CFR) AT 4 CFR 20.2(A). PROVIDE THAT PROTESTS SHALL BE FILED WITH THIS OFFICE NOT LATER THAN FIVE DAYS AFTER THE BASIS FOR PROTEST IS KNOWN. OR SHOULD HAVE BEEN KNOWN. SINCE YOU WERE AWARE OF THE BASIS FOR YOUR PROTEST NO LATER THAN MARCH 16.

B-176134, JUL 6, 1972

BID PROTEST - UNTIMELINESS CONCERNING THE PROTEST OF INDUSTRIAL METAL FABRICATING CO., INC., CONCERNING AN IFB ISSUED BY THE ROCK ISLAND ARSENAL. THE PROVISIONS OF 4 CFR 20.2(A) REQUIRE THAT PROTESTS BE FILED WITH GAO NOT LATER THAN FIVE DAYS AFTER THEIR BASIS IS KNOWN. ACCORDINGLY, THE PRESENT PROTEST IS UNTIMELY AND THE GAO FILE IS BEING CLOSED WITHOUT FURTHER ACTION.

TO INDUSTRIAL METAL FABRICATING CO., INC.:

FURTHER REFERENCE IS MADE TO YOUR TELEFAX OF JUNE 2, 1972, CONCERNING YOUR PROTEST UNDER INVITATION FOR BIDS (IFB) DAAF01-72-B-0744, ISSUED BY THE ROCK ISLAND ARSENAL, DEPARTMENT OF THE ARMY.

BY LETTER OF JUNE 6, 1972, WE REQUESTED THAT YOU FURNISH THIS OFFICE WITH DETAILS OF YOUR PROTEST. BY LETTER OF JUNE 13, 1972, YOU ALLEGED THAT THE DEPARTMENT IMPROPERLY REFUSED TO ALLOW AN UPWARD CORRECTION OF YOUR LOW BID UNDER IFB DAAF01-72-B-0430 WHICH, YOU STATED, HAD BEEN ISSUED AS A TOTAL SMALL BUSINESS SET-ASIDE TO PROCURE ITEMS NOW BEING PROCURED UNDER IFB-0744 ON AN UNRESTRICTED BASIS. YOU FURTHER STATED THAT THE DEPARTMENT IMPROPERLY CANCELLED IFB-0430 IN MARCH 1972, AFTER YOUR CONCERN WITHDREW ITS LOW BID, AND THAT YOUR CONCERN HAS SUBMITTED THE SECOND LOWEST BID UNDER IFB-0744.

FROM THE FOREGOING, IT IS APPARENT THAT YOUR PROTEST INVOLVES THE PROPRIETY OF THE DEPARTMENT'S ACTIONS TAKEN IN MARCH 1972 WITH RESPECT TO YOUR LOW BID UNDER IFB-0430, RATHER THAN THE PROCEDURES FOLLOWED UNDER IFB -0744.

IN THIS REGARD, THE REGULATIONS OF THIS OFFICE, WHICH ARE IN THE CODE OF FEDERAL REGULATIONS (CFR) AT 4 CFR 20.2(A), PROVIDE THAT PROTESTS SHALL BE FILED WITH THIS OFFICE NOT LATER THAN FIVE DAYS AFTER THE BASIS FOR PROTEST IS KNOWN, OR SHOULD HAVE BEEN KNOWN.

SINCE YOU WERE AWARE OF THE BASIS FOR YOUR PROTEST NO LATER THAN MARCH 16, 1972, WHEN YOU WITHDREW YOUR BID UNDER IFB-0430, YOUR PRESENT PROTEST MUST BE CONSIDERED UNTIMELY. WE ARE THEREFORE CLOSING OUR FILE IN THE MATTER WITHOUT FURTHER ACTION.