B-182933, JAN 8, 1975
Highlights
PROTEST FILED 7 WORKING DAYS AFTER INITIAL ADVERSE AGENCY ACTION IS UNTIMELY UNDER SEC. 20.2(A) OF THE INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH REQUIRES THAT PROTESTS BE FILED WITHIN 5 WORKING DAYS AFTER NOTIFICATION OF ADVERSE AGENCY ACTION. THIS IS A PROTEST AGAINST AWARD BEING MADE TO ANY BIDDER OTHER THAN DATAFOLD FORMS. DATAFOLD CONTENDS THAT ITS BID PRICE WOULD HAVE BEEN LOWER THAN THE NEXT LOW BIDDER'S HAD GPO NOT ERRED IN THE CONSIDERATION OF SHIPPING COSTS INVOLVED IN THE PROCUREMENT. THE RECORD INDICATES THAT DATAFOLD WAS INFORMED OF GPO'S POSITION ON DECEMBER 18. THE PROTEST TO OUR OFFICE WAS RECEIVED ON DECEMBER 30. ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED. ***" THEREFORE.
B-182933, JAN 8, 1975
PROTEST FILED 7 WORKING DAYS AFTER INITIAL ADVERSE AGENCY ACTION IS UNTIMELY UNDER SEC. 20.2(A) OF THE INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH REQUIRES THAT PROTESTS BE FILED WITHIN 5 WORKING DAYS AFTER NOTIFICATION OF ADVERSE AGENCY ACTION.
THIS IS A PROTEST AGAINST AWARD BEING MADE TO ANY BIDDER OTHER THAN DATAFOLD FORMS, INC. (DATAFOLD), UNDER JACKET NO. 563-592, ISSUED BY THE UNITED STATES GOVERNMENT PRINTING OFFICE (GPO). DATAFOLD CONTENDS THAT ITS BID PRICE WOULD HAVE BEEN LOWER THAN THE NEXT LOW BIDDER'S HAD GPO NOT ERRED IN THE CONSIDERATION OF SHIPPING COSTS INVOLVED IN THE PROCUREMENT.
THE RECORD INDICATES THAT DATAFOLD WAS INFORMED OF GPO'S POSITION ON DECEMBER 18, 1974. THE PROTEST TO OUR OFFICE WAS RECEIVED ON DECEMBER 30, 1974, 7 WORKING DAYS AFTER THE ADVERSE AGENCY ACTION. SEC. 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS, PUBLISHED AT 4 CODE OF FEDERAL REGULATIONS, PART 20 PROVIDES IN PERTINENT PART THAT "IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED. ***" THEREFORE, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED BY OUR OFFICE ON ITS MERITS.