B-181106, MAY 13, 1974

B-181106: May 13, 1974

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PROTEST RECEIVED MORE THAN 5 DAYS AFTER INITIAL PROTEST TO AGENCY DENIED IS UNTIMELY UNDER SECTION 20.2(A) OF GAO INTERIM BID PROTEST PROCEDURES AND STANDARDS. WAS PROTESTED TO THE VA BY LETTER DATED MARCH 25. LETTER FURTHER STATES THAT ITS MARCH 25 PROTEST WAS DENIED BY THE VA BY LETTER OF APRIL 5. ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED PROVIDED THE INITIAL PROTEST TO THE AGENCY WAS MADE TIMELY. THE TERM 'FILED' AS USED IN THIS SECTION MEANS RECEIPT IN THE CONTRACTING AGENCY OR IN THE GENERAL ACCOUNTING OFFICE AS THE CASE MAY BE AND PROTESTORS ARE. CAUTIONED THAT PROTESTS SHOULD BE TRANSMITTED OR DELIVERED IN THAT MANNER WHICH WILL ASSURE EARLIEST RECEIPT.".

B-181106, MAY 13, 1974

PROTEST RECEIVED MORE THAN 5 DAYS AFTER INITIAL PROTEST TO AGENCY DENIED IS UNTIMELY UNDER SECTION 20.2(A) OF GAO INTERIM BID PROTEST PROCEDURES AND STANDARDS.

TO ADAMATION, INC.:

PROTESTER'S LETTER OF APRIL 17, 1974, INDICATES THAT ITS PROTEST AGAINST THE REJECTION OF ITS BID UNDER INVITATION FOR BIDS 537-82-74 BY THE CHIEF, PURCHASE AND CONTRACT SECTION, VETERANS ADMINISTRATION (VA) WEST SIDE HOSPITAL, CHICAGO, ILLINOIS, WAS PROTESTED TO THE VA BY LETTER DATED MARCH 25, 1974. THE APRIL 17, 1974, LETTER FURTHER STATES THAT ITS MARCH 25 PROTEST WAS DENIED BY THE VA BY LETTER OF APRIL 5, 1974, RECEIVED BY ADAMATION ON APRIL 9, 1974.

SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS PROVIDES:

"*** 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 PROVIDED THE INITIAL PROTEST TO THE AGENCY WAS MADE TIMELY. THE TERM 'FILED' AS USED IN THIS SECTION MEANS RECEIPT IN THE CONTRACTING AGENCY OR IN THE GENERAL ACCOUNTING OFFICE AS THE CASE MAY BE AND PROTESTORS ARE, THEREFORE, CAUTIONED THAT PROTESTS SHOULD BE TRANSMITTED OR DELIVERED IN THAT MANNER WHICH WILL ASSURE EARLIEST RECEIPT."

SINCE THE APRIL 17 LETTER WAS RECEIVED BY OUR OFFICE ON APRIL 19, 1974, IT IS BEYOND THE 5-DAY PERIOD STATED ABOVE AS COMPUTED FROM APRIL 9, 1974. CONSEQUENTLY, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED.