B-180843, APR 22, 1974

B-180843: Apr 22, 1974

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SINCE BIDDER WAS ADVISED OF NONRESPONSIBILITY DETERMINATION BY AGENCY LETTER OF FEBRUARY 7. PROTEST IS UNTIMELY UNDER SEC. 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH PROVIDES THAT "BID PROTESTS SHALL BE FILED NOT LATER THAN 5 (WORKING) DAYS AFTER BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER.". SINCE IT APPEARS THAT DUNRITE WAS NOTIFIED OF THE REJECTION OF ITS BID APPROXIMATELY 5 WEEKS BEFORE ITS PROTEST WAS FILED WITH OUR OFFICE AND SINCE SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS PROVIDES IN PART THAT "BID PROTESTS SHALL BE FILED NOT LATER THAN 5 (WORKING) DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN.

B-180843, APR 22, 1974

SINCE BIDDER WAS ADVISED OF NONRESPONSIBILITY DETERMINATION BY AGENCY LETTER OF FEBRUARY 7, 1974, AND DID NOT PROTEST TO THIS OFFICE UNTIL MARCH 15, 1974, PROTEST IS UNTIMELY UNDER SEC. 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH PROVIDES THAT "BID PROTESTS SHALL BE FILED NOT LATER THAN 5 (WORKING) DAYS AFTER BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER."

TO DUNRITE TOOL AND DIE, LTD.:

DUNRITE TOOL AND DIE, LTD., PROTESTS AGAINST THE REJECTION OF ITS BID UNDER INVITATION FOR BIDS (IFB) NO. N00104-74-B-0628, ISSUED BY THE NAVY SHIPS PARTS CONTROL CENTER, MECHANICSBURG, PENNSYLVANIA.

UPON REVIEW OF THE RECORD, WE FIND THAT THE CONTRACTING OFFICER ADVISED DUNRITE OF THE REJECTION OF ITS BID BY LETTER DATED FEBRUARY 7, 1974, AND THAT DUNRITE DID NOT FILE A PROTEST IN OUR OFFICE UNTIL MARCH 15, 1974. SINCE IT APPEARS THAT DUNRITE WAS NOTIFIED OF THE REJECTION OF ITS BID APPROXIMATELY 5 WEEKS BEFORE ITS PROTEST WAS FILED WITH OUR OFFICE AND SINCE SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS PROVIDES IN PART THAT "BID PROTESTS SHALL BE FILED NOT LATER THAN 5 (WORKING) DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER," WE CONCLUDE THAT THE PROTEST IS UNTIMELY. FURTHER, WE DO NOT FIND THAT THE PROTEST RAISES ANY ISSUES SIGNIFICANT TO PROCUREMENT PRACTICES OR PROCEDURES. 52 COMP. GEN. 20 (1972).

ACCORDINGLY, WE ARE CLOSING OUR FILE WITHOUT FURTHER ACTION.