B-182320, OCT 18, 1974

B-182320: Oct 18, 1974

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PROTEST AGAINST BASIS OF EVALUATION AND SELECTION OF SUCCESSFUL OFFEROR FILED MORE THAN 5 DAYS AFTER ADVERSE AGENCY ACTION IS UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS. PROTEST WILL NOT BE CONSIDERED ON MERITS. STRANTZ CONTENDS THAT THE BASIS OF EVALUATION AND SELECTION OF AN OFFEROR MAY HAVE BEEN IMPROPER. STRANTZ'S PROTEST WAS DENIED BY THE DEPARTMENT OF COMMERCE. WAS RECEIVED BY US ON OCTOBER 1. THE PROTEST WAS NOT FILED WITH OUR OFFICE UNTIL OCTOBER 1. THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED BY OUR OFFICE ON ITS MERITS.

B-182320, OCT 18, 1974

PROTEST AGAINST BASIS OF EVALUATION AND SELECTION OF SUCCESSFUL OFFEROR FILED MORE THAN 5 DAYS AFTER ADVERSE AGENCY ACTION IS UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS, WHICH REQUIRES THAT PROTESTS INITIALLY FILED WITH CONTRACTING AGENCY BE FILED WITH OUR OFFICE WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION; THEREFORE, PROTEST WILL NOT BE CONSIDERED ON MERITS.

MAURICE K. STRANTZ:

MAURICE K. STRANTZ PROTESTS AGAINST AWARD OF A CONTRACT TO CHECCHI AND COMPANY UNDER REQUEST FOR PROPOSALS NO. 4-36314, ISSUED BY THE DEPARTMENT OF COMMERCE ON MAY 7, 1974. MR. STRANTZ CONTENDS THAT THE BASIS OF EVALUATION AND SELECTION OF AN OFFEROR MAY HAVE BEEN IMPROPER.

MR. STRANTZ LEARNED OF THE AWARD TO CHECCHI AND COMPANY ON JUNE 26, 1974. IMMEDIATELY THEREAFTER, HE PROTESTED THE AWARD ON THE ABOVE TWO BASES TO THE PROCURING ACTIVITY. BY LETTER OF JULY 25, MR. STRANTZ'S PROTEST WAS DENIED BY THE DEPARTMENT OF COMMERCE. WHILE THERE HAS BEEN A CONSIDERABLE AMOUNT OF CORRESPONDENCE BETWEEN THE PARTIES SINCE THE JULY 25 LETTER, MR. STRANTZ DID NOT PROTEST THESE SAME ISSUES TO OUR OFFICE UNTIL HIS LETTER OF SEPTEMBER 27, 1974, WAS RECEIVED BY US ON OCTOBER 1, 1974.

THE INTERIM BID PROTEST PROCEDURES AND STANDARDS OF OUR OFFICE (SECTION 20.2(A) OF TITLE 4 OF THE CODE OF FEDERAL REGULATIONS (1972)) REQUIRE THAT PROTESTS INITIALLY FILED WITH THE CONTRACTING AGENCY BE FILED WITH OUR OFFICE WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION. "ADVERSE AGENCY ACTION" AS CONSTRUED BY OUR OFFICE MEANS INITIAL ADVERSE AGENCY ACTION. MATTER OF PANORAMIC STUDIOS, 52 COMP. GEN. 20 (1972).

SINCE IT APPEARS THAT THE "ADVERSE AGENCY ACTION" OCCURRED ON JULY 25, 1974, AND THE PROTEST WAS NOT FILED WITH OUR OFFICE UNTIL OCTOBER 1, 1974, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED BY OUR OFFICE ON ITS MERITS.