B-181005, B-181006, MAY 21, 1974

B-181005,B-181006: May 21, 1974

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PROTESTS OF REJECTION OF BIDS ON SECOND STEPS OF TWO-STEP FORMAL ADVERTISING PROCUREMENTS FILED IN GAO 6 WORKING DAYS AFTER PROTESTER HAD BEEN INFORMED OF BASIS OF REJECTION OF BIDS ARE UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS. THE SOLICITATIONS WERE ISSUED UNDER TWO-STEP FORMAL ADVERTISING PROCEDURES. AWARDS WERE MADE UNDER BOTH SOLICITATIONS ON MARCH 27. THE ATTORNEY FOR CITIZENS REALTY STATED THAT THE FIRM WAS INFORMED ON MARCH 27. HUD HAS CONFIRMED INFORMALLY THAT THE REASONS FOR THE DETERMINATION OF NONRESPONSIBILITY WERE FURNISHED AT THAT TIME. SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS STATES IN PERTINENT PART: "*** BID PROTESTS SHALL BE FILED NOT LATER THAN 5 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN *** THE TERM 'FILED' *** MEANS RECEIPT *** IN THE GENERAL ACCOUNTING OFFICE ***.".

B-181005, B-181006, MAY 21, 1974

PROTESTS OF REJECTION OF BIDS ON SECOND STEPS OF TWO-STEP FORMAL ADVERTISING PROCUREMENTS FILED IN GAO 6 WORKING DAYS AFTER PROTESTER HAD BEEN INFORMED OF BASIS OF REJECTION OF BIDS ARE UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS.

TO CITIZENS REALTY AND TRUST, INC.:

BY TWO TELEGRAMS DATED APRIL 3, 1974, RECEIVED APRIL 4, 1974, THE ATTORNEY FOR CITIZENS REALTY AND TRUST, INC. PROTESTED THE AWARD OF CONTRACTS TO ANY OTHER FIRMS UNDER SOLICITATION NOS. 68-74-123 AND 70 74- 123, ISSUED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), FEDERAL HOUSING ADMINISTRATION, REGION IX, PHOENIX INSURING OFFICE, PHOENIX, ARIZONA. THE SOLICITATIONS WERE ISSUED UNDER TWO-STEP FORMAL ADVERTISING PROCEDURES.

AWARDS WERE MADE UNDER BOTH SOLICITATIONS ON MARCH 27, 1974. IN A LETTER DATED APRIL 15, 1974, EXPLAINING THE BASIS FOR THE PROTEST, THE ATTORNEY FOR CITIZENS REALTY STATED THAT THE FIRM WAS INFORMED ON MARCH 27, 1974, THAT ITS BIDS FOR THE SECOND STEPS OF BOTH SOLICITATIONS HAD BEEN REJECTED BECAUSE IT HAD BEEN DETERMINED TO BE A NONRESPONSIBLE OFFEROR. HUD HAS CONFIRMED INFORMALLY THAT THE REASONS FOR THE DETERMINATION OF NONRESPONSIBILITY WERE FURNISHED AT THAT TIME.

SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS STATES IN PERTINENT PART:

"*** BID PROTESTS SHALL BE FILED NOT LATER THAN 5 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN *** THE TERM 'FILED' *** MEANS RECEIPT *** IN THE GENERAL ACCOUNTING OFFICE ***."

SECTION 20.12(A) DEFINES "DAYS" TO MEAN "WORKING DAYS" OF THE FEDERAL GOVERNMENT. SINCE THE PROTESTS WERE NOT FILED IN OUR OFFICE UNTIL 6 WORKING DAYS AFTER CITIZENS REALTY HAD BEEN INFORMED OF THE BASIS OF THE REJECTION OF ITS BIDS, THE PROTESTS ARE UNTIMELY.

THEREFORE, WE ARE CLOSING OUR FILES ON THESE MATTERS.