B-181693, JUL 16, 1974

B-181693: Jul 16, 1974

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SINCE OFFEROR WAS ADVISED THAT ITS PROPOSALS WERE DETERMINED TO BE "NONRESPONSIVE" BY AGENCY LETTER OF OCTOBER 31. PROTEST IS UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH PROVIDE THAT "IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY. ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED ***.". SUGGESTED TO ZIRKLE THAT OUR OFFICE MIGHT HAVE JURISDICTION TO REVIEW THE SUBJECT CONTRACT AWARDS. IT APPEARS THAT ZIRKLE WAS NOTIFIED OF THE REJECTION OF ITS PROTEST WITH THE CONTRACTING AGENCY APPROXIMATELY 20 MONTHS BEFORE ITS PROTEST WAS FILED WITH OUR OFFICE. ZIRKLE'S PROTEST IS UNTIMELY UNDER THE ABOVE PROVISIONS OF SECTION 20.2(A) CITED ABOVE.

B-181693, JUL 16, 1974

SINCE OFFEROR WAS ADVISED THAT ITS PROPOSALS WERE DETERMINED TO BE "NONRESPONSIVE" BY AGENCY LETTER OF OCTOBER 31, 1972, AND OFFEROR DID NOT PROTEST TO THIS OFFICE UNTIL JUNE 25, 1974, PROTEST IS UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH PROVIDE THAT "IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED ***."

ZIRKLE AND ZIRKLE, INCORPORATED, PROTESTS AGAINST THE REJECTION OF ITS PROPOSALS UNDER SOLICITATIONS DAJB11-72-R-0084 AND DAJB11-72-R-0099, ISSUED BY THE UNITED STATES PROCUREMENT AGENCY VIETNAM, DEPARTMENT OF THE ARMY.

PURSUANT TO A WRITTEN PROTEST OF AUGUST 15, 1972, BY ZIRKLE AND ZIRKLE, THE CONTRACTING OFFICER ADVISED ZIRKLE OF THE REJECTION OF ITS PROPOSALS AND THE DENIAL OF ITS PROTEST BY LETTER DATED OCTOBER 31, 1972. THEREAFTER, ZIRKLE AND ZIRKLE REQUESTED THE DEFENSE CONTRACT AUDIT AGENCY (DCCAA) TO INVESTIGATE AWARD OF THE SUBJECT CONTRACTS. BY LETTER DATED MARCH 22, 1974, THE DCAA REPLIED TO THE SIRKLE UNDATED LETTER REQUEST. DCAA DECLINED JURISDICTION OF THE MATTER, AND SUGGESTED TO ZIRKLE THAT OUR OFFICE MIGHT HAVE JURISDICTION TO REVIEW THE SUBJECT CONTRACT AWARDS. THEREAFTER, ZIRKLE FILED ITS PROTEST WITH OUR OFFICE BY LETTER DATED JUNE 25, 1974.

SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS STATES THAT WHEN A TIMELY PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, SUBSEQUENT PROTESTS TO OUR OFFICE MUST BE FILED "WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION" IN ORDER TO BE CONSIDERED. IT APPEARS THAT ZIRKLE WAS NOTIFIED OF THE REJECTION OF ITS PROTEST WITH THE CONTRACTING AGENCY APPROXIMATELY 20 MONTHS BEFORE ITS PROTEST WAS FILED WITH OUR OFFICE. THEREFORE, ZIRKLE'S PROTEST IS UNTIMELY UNDER THE ABOVE PROVISIONS OF SECTION 20.2(A) CITED ABOVE.

ACCORDINGLY, WE ARE CLOSING OUR FILE WITHOUT FURTHER ACTION.