B-182837, JAN 8, 1975

B-182837: Jan 8, 1975

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PROTEST AGAINST AWARD RECEIVED MORE THAN 5 WORKING DAYS AFTER MAILING IS UNTIMELY UNDER INTERIM BID PROTEST PROCEDURES AND STANDARDS AND WILL NOT BE CONSIDERED. BRACELAND WAS ADVISED THAT ITS QUOTATION WAS REJECTED AS NONRESPONSIVE BECAUSE OF ITS INCONSISTENT AND UNREALISTIC PRICING STRUCTURE. WAS RECEIVED IN OUR OFFICE DECEMBER 12. 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 ***.". BRACELAND WAS AWARE OF THE BASIS FOR ITS PROTEST NO LATER THAN RECEIPT OF THE NOVEMBER 7. IT MUST BE ASSUMED THAT THE PROTEST WAS NOT TIMELY FILED AND.

B-182837, JAN 8, 1975

PROTEST AGAINST AWARD RECEIVED MORE THAN 5 WORKING DAYS AFTER MAILING IS UNTIMELY UNDER INTERIM BID PROTEST PROCEDURES AND STANDARDS AND WILL NOT BE CONSIDERED.

BRACELAND BROTHERS, INC.:

BRACELAND BROTHERS, INC. (BRACELAND), PROTESTED AGAINST THE AWARD BY THE UNITED STATES GOVERNMENT PRINTING OFFICE (GPO) TO ANOTHER FIRM FOR A QUANTITY OF SHIPS DAMAGE CONTROL DIAGRAMS - PROGRAM 280-M. BY LETTER DATED NOVEMBER 7, 1974, BRACELAND WAS ADVISED THAT ITS QUOTATION WAS REJECTED AS NONRESPONSIVE BECAUSE OF ITS INCONSISTENT AND UNREALISTIC PRICING STRUCTURE.

THE BRACELAND PROTEST DATED DECEMBER 3, 1974, WAS RECEIVED IN OUR OFFICE DECEMBER 12, 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 C.F.R. PART 20 (1974).

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 ***."

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

BRACELAND WAS AWARE OF THE BASIS FOR ITS PROTEST NO LATER THAN RECEIPT OF THE NOVEMBER 7, 1974, LETTER FROM GPO. ABSENT EVIDENCE TO THE CONTRARY, IT MUST BE ASSUMED THAT THE PROTEST WAS NOT TIMELY FILED AND, THEREFORE, IS NOT PROPERLY FOR CONSIDERATION BY OUR OFFICE. SEE MATTER OF MI RYUNG CONSTRUCTION CO., LTD., B-182302, OCTOBER 8, 1974. ACCORDINGLY, WE ARE CLOSING OUR FILE ON THE MATTER WITHOUT CONSIDERATION OF THE MERITS OF THE PROTEST.