B-178209, APR 20, 1973

B-178209: Apr 20, 1973

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TO SHM NUCLEAR CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF MARCH 13. YOU WERE ADVISED BY LETTER DATED FEBRUARY 27. ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED ***. THE TERM 'FILED' AS USED IN THIS SECTION MEANS RECEIPT IN THE CONTRACTING AGENCY OR IN THE GENERAL ACCOUNTING OFFICE ***. 4 C.F.R. 20.2 SINCE THE DEPARTMENT OF THE ARMY'S LETTER REJECTING YOUR BID AS NONRESPONSIVE WAS DATED FEBRUARY 27. WHICH WAS RECEIVED IN THIS OFFICE ON MARCH 19. WAS TIMELY FILED. A COPY OF OUR "INTERIM BID PROTEST PROCEDURES AND STANDARDS" IS ENCLOSED.

B-178209, APR 20, 1973

DECISION DISMISSING BID PROTEST AS UNTIMELY. COPY OF OUR "INTERIM BID PROTEST PROCEDURES AND STANDARDS" ENCLOSED WITH LETTER OF DENIAL.

TO SHM NUCLEAR CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 13, 1973, PROTESTING AWARD OF A CONTRACT TO VARIAN ASSOCIATES, PALO ALTO, CALIFORNIA, UNDER INVITATION FOR BIDS (IFB) DAAD05-73-B-0074. YOU WERE ADVISED BY LETTER DATED FEBRUARY 27, 1973, FROM THE DEPARTMENT OF THE ARMY, ABERDEEN PROVING GROUND, MARYLAND, THAT YOUR BID HAD BEEN REJECTED AS NONRESPONSIVE IN ACCORDANCE WITH ASPR 2-404.2(A).

OUR REGULATIONS CONCERNING THE TIME FOR FILING OF PROTESTS PROVIDE IN PERTINENT PART:

*** IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED ***. THE TERM 'FILED' AS USED IN THIS SECTION MEANS RECEIPT IN THE CONTRACTING AGENCY OR IN THE GENERAL ACCOUNTING OFFICE ***. 4 C.F.R. 20.2

SINCE THE DEPARTMENT OF THE ARMY'S LETTER REJECTING YOUR BID AS NONRESPONSIVE WAS DATED FEBRUARY 27, 1973, EVEN ALLOWING A LIBERAL PERIOD OF TIME FOR DELIVERY OF THE LETTER FROM MARYLAND TO CALIFORNIA, WE CANNOT CONCLUDE ON THE BASIS OF THE RECORD BEFORE US THAT YOUR PROTEST, WHICH WAS RECEIVED IN THIS OFFICE ON MARCH 19, 1973, WAS TIMELY FILED. A COPY OF OUR "INTERIM BID PROTEST PROCEDURES AND STANDARDS" IS ENCLOSED.

ACCORDINGLY, YOUR PROTEST MUST BE DISMISSED AS UNTIMELY.