B-182654, NOV 26, 1974

B-182654: Nov 26, 1974

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS UNTIMELY UNDER 4 C.F.R. WAS ADVISED BY HEW OF THE BASIS FOR THE SOLE-SOURCE PROCUREMENT AND THAT THE PROTEST WAS DENIED. WE HAVE BEEN INFORMALLY ADVISED BY KEITHLEY THAT THE OCTOBER 25 LETTER WAS RECEIVED BY KEITHLEY ON NOVEMBER 1 OR 4. WE WILL ASSUME THAT THE LETTER WAS RECEIVED ON NOVEMBER 4. THE PROTEST IS UNTIMELY. 4 C.F.R. SEC. 20.2(A) REQUIRES THAT PROTESTS BE FILED WITH OUR OFFICE WITHIN 5 DAYS AFTER NOTIFICATION OF ADVERSE AGENCY ACTION IF THE PROTEST IS INITIALLY FILED WITH THE PROCURING AGENCY. SHOULD HAVE BEEN FILED AT GAO ON NOVEMBER 11. WE WILL NOT CONSIDER THE MATTER FURTHER.

B-182654, NOV 26, 1974

PROTEST FILED ON NOVEMBER 12, 1974, FOLLOWING RECEIPT BY PROTESTER ON NOVEMBER 4, 1974, OF NOTICE OF DENIAL OF PROTEST AT AGENCY LEVEL, IS UNTIMELY UNDER 4 C.F.R. SEC. 20.2(A) (1974), SINCE NOT FILED WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION.

KEITHLEY INSTRUMENTS, INC.:

KEITHLEY INSTRUMENTS, INC. (KEITHLEY), HAS PROTESTED THE SOLE-SOURCE SOLICITATION BY THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, PUBLIC HEALTH SERVICE, FOOD AND DRUG ADMINISTRATION (HEW), FOR REPLACEMENT IONIZATION CHAMBERS UNDER REQUEST FOR PROPOSALS NO. 7543(F).

A REVIEW OF THE RECORD SHOWS THAT ON OCTOBER 17, 1974, KEITHLEY PROTESTED TO HEW THE SOLE-SOURCE PROCUREMENT AND BY LETTER OF OCTOBER 25, 1974, WAS ADVISED BY HEW OF THE BASIS FOR THE SOLE-SOURCE PROCUREMENT AND THAT THE PROTEST WAS DENIED. WE HAVE BEEN INFORMALLY ADVISED BY KEITHLEY THAT THE OCTOBER 25 LETTER WAS RECEIVED BY KEITHLEY ON NOVEMBER 1 OR 4, 1974. FOR PURPOSES OF THIS DECISION, WE WILL ASSUME THAT THE LETTER WAS RECEIVED ON NOVEMBER 4. KEITHLEY PROTESTED TO OUR OFFICE ON NOVEMBER 12, 1974, BY TELEGRAM. THEREFORE, UNDER OUR BID PROTEST PROCEDURES AND STANDARDS (4 C.F.R. PART 20 (1974)), THE PROTEST IS UNTIMELY. 4 C.F.R. SEC. 20.2(A) REQUIRES THAT PROTESTS BE FILED WITH OUR OFFICE WITHIN 5 DAYS AFTER NOTIFICATION OF ADVERSE AGENCY ACTION IF THE PROTEST IS INITIALLY FILED WITH THE PROCURING AGENCY. UNDER THIS STANDARD, THE PROTEST, TO BE TIMELY, SHOULD HAVE BEEN FILED AT GAO ON NOVEMBER 11.

THEREFORE, WE WILL NOT CONSIDER THE MATTER FURTHER.