B-181907, AUG 13, 1974

B-181907: Aug 13, 1974

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PROTEST RECEIVED 6 DAYS AFTER BASIS OF PROTEST WAS KNOWN TO PROTESTER AS RESULT OF DEBRIEFING IS UNTIMELY UNDER SECTION 20.2(A) OF GAO INTERIM BID PROTEST PROCEDURES AND STANDARDS THAT REQUIRES PROTEST BE FILED WITHIN 5 DAYS OF DATE PROTEST IS KNOWN. DATA GENERAL CORPORATION: DATA GENERAL CORPORATION (DATA) PROTESTS THAT IT SHOULD HAVE RECEIVED THE CONTRACT AWARDED TO THE HEWLETT PACKARD CO. DATA WAS INFORMED THAT THE CONTRACT WAS AWARDED TO THE HEWLETT PACKARD CO. WHICH WAS SCHEDULED AND HELD ON JULY 17. DATA'S PROTEST LETTER WAS RECEIVED BY OUR OFFICE ON JULY 25. THERE IS A QUESTION WHETHER IT WAS CONSIDERED A MODIFICATION OF AN EARLIER OFFER OR AS AN UNACCEPTABLE LATE PROPOSAL. SECTION 20.2 (A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS PROVIDES IN PART THAT "*** PROTESTS SHALL BE FILED NOT LATER THAN FIVE DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN.

B-181907, AUG 13, 1974

PROTEST RECEIVED 6 DAYS AFTER BASIS OF PROTEST WAS KNOWN TO PROTESTER AS RESULT OF DEBRIEFING IS UNTIMELY UNDER SECTION 20.2(A) OF GAO INTERIM BID PROTEST PROCEDURES AND STANDARDS THAT REQUIRES PROTEST BE FILED WITHIN 5 DAYS OF DATE PROTEST IS KNOWN.

DATA GENERAL CORPORATION:

DATA GENERAL CORPORATION (DATA) PROTESTS THAT IT SHOULD HAVE RECEIVED THE CONTRACT AWARDED TO THE HEWLETT PACKARD CO., RESULTING FROM REQUEST FOR PROPOSALS DABT56-74-R-0038, ISSUED AT FORT BELVOIR, VIRGINIA, ON APRIL 26, 1974, BECAUSE IT OFFERED A LOWER PRICE.

ON JUNE 26, 1974, DATA WAS INFORMED THAT THE CONTRACT WAS AWARDED TO THE HEWLETT PACKARD CO. ON JULY 3, 1974, DATA REQUESTED A COPY OF THE CONTRACT AND A DEBRIEFING, WHICH WAS SCHEDULED AND HELD ON JULY 17, 1974. DATA'S PROTEST LETTER WAS RECEIVED BY OUR OFFICE ON JULY 25, 1974. DATA STATES THAT WHILE IT SUBMITTED A LOWER OFFER IN RESPONSE TO THE JUNE 11, 1974, REQUEST FOR BEST AND FINAL OFFERS, THERE IS A QUESTION WHETHER IT WAS CONSIDERED A MODIFICATION OF AN EARLIER OFFER OR AS AN UNACCEPTABLE LATE PROPOSAL.

SECTION 20.2 (A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS PROVIDES IN PART THAT "*** PROTESTS SHALL BE FILED NOT LATER THAN FIVE DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. ***" AT THE LATEST, THE BASIS OF PROTEST WAS KNOWN TO DATA ON JULY 17, 1974, THE DATE OF THE DEBRIEFING. SINCE THE PROTEST WAS NOT RECEIVED BY OUR OFFICE UNTIL 6 WORKING DAYS AFTER THE BASIS OF THE PROTEST WAS KNOWN TO DATA, IT IS UNTIMELY AND WILL NOT BE CONSIDERED ON ITS MERITS.