B-182302, OCT 8, 1974

B-182302: Oct 8, 1974

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FACT THAT PROTEST WAS RECEIVED MORE THAN 5 WORKING DAYS AFTER PROTESTER KNEW BASIS FOR PROTEST RENDERS PROTEST UNTIMELY. NOTWITHSTANDING FACT THAT LATE FILING WAS CAUSED BY TIME REQUIRED TO MAIL LETTER FROM PROTESTER'S OVERSEAS OFFICE. SINCE 4 CFR 20.2(A) SPECIFICALLY CAUTIONS PROTESTERS TO TRANSMIT PROTESTS IN THAT MANNER WHICH WILL ASSURE EARLIEST RECEIPT. LTD.: REQUEST FOR PROPOSALS (RFP) DACA 84-75-R-3334 WAS ISSUED BY THE DISTRICT ENGINEER. NOW ALLEGES THAT ITS PROPOSAL WAS STOLEN BY A RIVAL COMPANY SHORTLY THEREAFTER THROUGH THE USE OF A FORGED WAIVER OF PROPOSAL. COMPLAINT WAS MADE TO THE DISTRICT ENGINEER BUT DISPITE MI RYUNG'S OBJECTIONS. THE RFP WAS CANCELED AND SUBSEQUENTLY RESOLICITED.

B-182302, OCT 8, 1974

FACT THAT PROTEST WAS RECEIVED MORE THAN 5 WORKING DAYS AFTER PROTESTER KNEW BASIS FOR PROTEST RENDERS PROTEST UNTIMELY, NOTWITHSTANDING FACT THAT LATE FILING WAS CAUSED BY TIME REQUIRED TO MAIL LETTER FROM PROTESTER'S OVERSEAS OFFICE, SINCE 4 CFR 20.2(A) SPECIFICALLY CAUTIONS PROTESTERS TO TRANSMIT PROTESTS IN THAT MANNER WHICH WILL ASSURE EARLIEST RECEIPT.

MI RYUNG CONSTRUCTION CO., LTD.:

REQUEST FOR PROPOSALS (RFP) DACA 84-75-R-3334 WAS ISSUED BY THE DISTRICT ENGINEER, UNITED STATES ARMY IN KOREA. MI RYUNG CONSTRUCTION CO., LTD. (MI RYUNG), SUBMITTED A TIMELY PROPOSAL TO THE DISTRICT ENGINEER, BUT NOW ALLEGES THAT ITS PROPOSAL WAS STOLEN BY A RIVAL COMPANY SHORTLY THEREAFTER THROUGH THE USE OF A FORGED WAIVER OF PROPOSAL. COMPLAINT WAS MADE TO THE DISTRICT ENGINEER BUT DISPITE MI RYUNG'S OBJECTIONS, THE RFP WAS CANCELED AND SUBSEQUENTLY RESOLICITED.

MI RYUNG FURTHER CONTENDS THAT THE RESOLICITATION INCORPORATED SPECIFICATION CHANGES MADE ORALLY, WHICH WERE MISLEADING AND RESULTED IN AN INCREASE IN ITS PROPOSED COST. AS A RESULT, HYUP WOO INDUSTRIAL CO. (HYUP WOO) WAS THE LOW OFFEROR AND RECEIVED THE AWARD UNDER THE SUBJECT SOLICITATION ON SEPTEMBER 12, 1974.

MI RYUNG THEN PROTESTED THESE CIRCUMSTANCES TO OUR OFFICE BY LETTER OF SEPTEMBER 19, 1974, RECEIVED IN OUR OFFICE ON SEPTEMBER 26, 1974. BASED ON THE RECORD BEFORE US, WE MUST CONSIDER THE PROTEST TO BE UNTIMELY IN ACCORDANCE WITH OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS, 4 CFR 20, ET SEQ. (COPY ENCLOSED).

SECTION 20.2(A) STATES THAT:

"*** BID PROTESTS SHALL BE FILED NOT LATER THAN 5 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN ***. THE TERM 'FILED' AS USED IN THIS SECTION MEANS RECEIPT IN THE *** GENERAL ACCOUNTING OFFICE*** AND PROTESTORS ARE, THEREFORE, CAUTIONED THAT THE PROTESTS SHOULD BE TRANSMITTED OR DELIVERED IN THAT MANNER WHICH WILL ASSURE EARLIEST RECEIPT."

SECTION 20.12 DEFINES "DAYS" AS "WORKING DAYS."

MI RYUNG WAS AWARE OF THE BASES FOR ITS PROTEST BY SEPTEMBER 12 AT THE LATEST. HOWEVER, THE PROTEST WAS NOT RECEIVED HERE UNTIL SEPTEMBER 26, 1974, MORE THAN 5 WORKING DAYS AFTER MI RYUNG LEARNED OF THE AWARD TO HYUP WOO. WHILE THE DELAY IN TRANSMITTING TH PROTEST MAY HAVE BEEN CAUSED IN PART BY THE DISTANCE INVOLVED IN SENDING A LETTER FROM SEOUL TO WASHINGTON, AS NOTED ABOVE, PROTESTERS ARE CAUTIONED TO TRANSMIT PROTESTS IN A MANNER WHICH WILL ASSURE EARLIEST RECEIPT. SEE MATTER OF JOHNSON ASSOCIATES INC., 53 COMP. GEN. 518 (1974), COPY ENCLOSED.

FOR THE REASONS NOTED ABOVE, THIS MATTER IS NOT PROPERLY FOR CONSIDERATION BY THE GENERAL ACCOUNTING OFFICE. ACCORDINGLY, WE ARE CLOSING OUR FILE ON THE MATTER WITHOUT CONSIDERATION OF THE MERITS OF THE PROTEST. HOWEVER, WE HAVE BEEN INFORMALLY ADVISED THAT THE DEPARTMENT OF THE ARMY IS CURRENTLY INVESTIGATING THIS MATTER.