B-182054, OCT 23, 1974

B-182054: Oct 23, 1974

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LETTER NOTIFYING PROTESTER OF AWARD TO ANOTHER FIRM IS UNTIMELY AND WILL NOT BE CONSIDERED SINCE IT WAS FILED AT LEAST 6 DAYS AFTER NOTIFICATION OF ADVERSE AGENCY ACTION. WERE AWARDED TO OLD ATLANTIC SERVICES. THIS PROTEST LETTER WAS RECEIVED BY GAO ON AUGUST 16. PROVIDE THAT A PROTEST AGAINST CONTRACTOR SELECTION MUST BE FILED WITH THE CONTRACTING AGENCY OR OUR OFFICE WITHIN 5 WORKING DAYS AFTER THE BASIS FOR THE PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN. IN EITHER CASE "FILED" IS DEFINED AS RECEIVED IN THE DESIGNATED AGENCY. IT IS APPARENT FROM THE FOREGOING THAT NEITHER THE PROTEST TO THE AIR FORCE NOR THAT TO OUR OFFICE WAS TIMELY FILED SINCE IT WAS NOT RECEIVED WITHIN THE REQUISITE PERIOD.

B-182054, OCT 23, 1974

UNDER GAO INTERIM BID PROTEST PROCEDURES AND STANDARDS, PROTEST FILED BY LETTER DATED AUGUST 8, 1974, AND RECEIVED BY GAO AUGUST 16, 1974, AS RESULT OF AGENCY'S JULY 25, 1974, LETTER NOTIFYING PROTESTER OF AWARD TO ANOTHER FIRM IS UNTIMELY AND WILL NOT BE CONSIDERED SINCE IT WAS FILED AT LEAST 6 DAYS AFTER NOTIFICATION OF ADVERSE AGENCY ACTION, DATE OF PROTEST LETTER.

SURF CLEANERS, INCORPORATED:

ON JULY 5, 1974, ITEMS 1 AND 2 OF INVITATION FOR BIDS F49642-74 09066, FOR CUSTODIAL AND JANITORIAL MAINTENANCE SERVICES AT BOLLING AIR FORCE BASE, WERE AWARDED TO OLD ATLANTIC SERVICES.

BY LETTER DATED JULY 8, 1974, POSTMARKED JULY 16 AND RECEIVED JULY 19, SURF CLEANERS, INCORPORATED (SURF), PROTESTED TO THE PROCURING ACTIVITY THE AGGREGATE AWARD TO OLD ATLANTIC SERVICES. THE CONTRACTING OFFICER DENIED SURF'S PROTEST BY LETTER DATED JULY 25, 1974. BY LETTER DATED AUGUST 8, 1974, AND POSTMARKED AUGUST 12, SURF PROTESTED THE AIR FORCE'S DENIAL TO GAO. THIS PROTEST LETTER WAS RECEIVED BY GAO ON AUGUST 16, 1974.

OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS, 4 C.F.R. 20.2(A) (1974), PROVIDE THAT A PROTEST AGAINST CONTRACTOR SELECTION MUST BE FILED WITH THE CONTRACTING AGENCY OR OUR OFFICE WITHIN 5 WORKING DAYS AFTER THE BASIS FOR THE PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN. IF TIMELY FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO GAO MUST BE FILED WITHIN 5 WORKING DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION. IN EITHER CASE "FILED" IS DEFINED AS RECEIVED IN THE DESIGNATED AGENCY. IT IS APPARENT FROM THE FOREGOING THAT NEITHER THE PROTEST TO THE AIR FORCE NOR THAT TO OUR OFFICE WAS TIMELY FILED SINCE IT WAS NOT RECEIVED WITHIN THE REQUISITE PERIOD. THEREFORE, SURF'S PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED.