B-182879, JAN 6, 1975

B-182879: Jan 6, 1975

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PROTEST FILED 9 WORKING DAYS AFTER BASIS OF PROTEST WAS KNOWN IS UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS. REQUIRING PROTEST BE FILED WITHIN 5 WORKING DAYS OF DATE BASIS OF PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN. HOF WAS ADVISED BY GSA CONTRACTING OFFICIALS THAT ITS BID WAS DETERMINED TO BE NONRESPONSIVE AND WOULD NOT BE ACCEPTED DUE TO THE FAILURE OF THE BID PACKAGE TO INCLUDE A "STANDARD FORM 21. THE PROTEST TO OUR OFFICE WAS RECEIVED ON DECEMBER 13. SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS (SECTION 20.2(A) OF TITLE 4 OF THE CODE OF FEDERAL REGULATIONS) PROVIDES THAT "*** BID PROTESTS SHALL BE FILED NOT LATER THAN 5 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN.

B-182879, JAN 6, 1975

PROTEST FILED 9 WORKING DAYS AFTER BASIS OF PROTEST WAS KNOWN IS UNTIMELY UNDER SECTION 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS, REQUIRING PROTEST BE FILED WITHIN 5 WORKING DAYS OF DATE BASIS OF PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN.

HOF CONSTRUCTION COMPANY:

BY LETTER OF DECEMBER 11, 1974, THE ATTORNEYS FOR HOF CONSTRUCTION COMPANY (HOF) PROTESTED AGAINST THE AWARD TO ANY OTHER CONSTRUCTION FIRM OF CONTRACT NO. GS-06B-13333, BY THE PUBLIC BUILDING SERVICE, GENERAL SERVICES ADMINISTRATION.

THE DECEMBER 11, 1974, LETTER ACKNOWLEDGED THAT ON DECEMBER 2, 1974, VIA A TELEPHONE CONVERSATION, HOF WAS ADVISED BY GSA CONTRACTING OFFICIALS THAT ITS BID WAS DETERMINED TO BE NONRESPONSIVE AND WOULD NOT BE ACCEPTED DUE TO THE FAILURE OF THE BID PACKAGE TO INCLUDE A "STANDARD FORM 21, APPENDIX A." THE PROTEST TO OUR OFFICE WAS RECEIVED ON DECEMBER 13, 1974, 9 WORKING DAYS AFTER HOF LEARNED OF THE BASIS FOR PROTEST.

SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS (SECTION 20.2(A) OF TITLE 4 OF THE CODE OF FEDERAL REGULATIONS) PROVIDES THAT "*** BID PROTESTS SHALL BE FILED NOT LATER THAN 5 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER." THEREFORE, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED BY OUR OFFICE ON ITS MERITS.