B-192180, JUL 7, 1978

B-192180: Jul 7, 1978

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DIGEST: PROTEST OF AGENCY'S CANCELLATION OF SOLICITATION IS UNTIMELY WHEN FILED WITH GAO ON JUNE 13. TIME CONTENDS THAT ITS FIRM WAS ADVISED ON MARCH 6 THAT ITS OFFER WAS NOT ACCEPTABLE AND THEREAFTER SENT A TELEX OF ITS FINAL OFFER. IT BELIEVES THE GOVERNMENT'S ALTERNATIVE METHOD FOR HANDLING ITS REQUIREMENT IS COSTING THE GOVERNMENT AT LEAST $60. REQUIRE THAT A PROTEST MUST BE RECEIVED BY EITHER THE CONTRACTING AGENCY OR THE GENERAL ACCOUNTING OFFICE WITHIN 10 DAYS AFTER THE BASIS OF PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER. TIME WAS REQUIRED TO FILE ANY PROTEST WITHIN 10 DAYS AFTER RECEIPT OF THE MARCH 10. APPARENTLY NO PROTEST WAS FILED WITH THE AGENCY. WITH OUR OFFICE IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.

B-192180, JUL 7, 1978

DIGEST: PROTEST OF AGENCY'S CANCELLATION OF SOLICITATION IS UNTIMELY WHEN FILED WITH GAO ON JUNE 13, 1978, AND PROTESTER ACKNOWLEDGES THAT IT RECEIVED NOTIFICATION OF CANCELLATION MARCH 10, 1978.

TIME OIL CO.:

TIME OIL CO. (TIME), BY LETTER FILED JUNE 13, 1978, PROTESTS THE CANCELLATION OF REQUEST FOR PROPOSALS (RFP) NO. DLA600-78-R-0314, ISSUED BY THE DEFENSE LOGISTICS AGENCY. TIME STATES THAT ON FEBRUARY 3, 1978, IT SUBMITTED AN OFFER TO PROVIDE THE DEFENSE FUEL SUPPLY CENTER (DFSC) WITH STORAGE FACILITIES AND SERVICES FOR JET FUEL.

TIME CONTENDS THAT ITS FIRM WAS ADVISED ON MARCH 6 THAT ITS OFFER WAS NOT ACCEPTABLE AND THEREAFTER SENT A TELEX OF ITS FINAL OFFER. ON MARCH 10, 1978, TIME STATES THAT IT RECEIVED A TELEX FROM DFSC CANCELING THE RFP. TIME FURTHER STATES THAT SINCE CANCELING THE RFP, IT BELIEVES THE GOVERNMENT'S ALTERNATIVE METHOD FOR HANDLING ITS REQUIREMENT IS COSTING THE GOVERNMENT AT LEAST $60,000 PER YEAR MORE THAN TIME'S LAST OFFER.

OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(B)(2) (1977), REQUIRE THAT A PROTEST MUST BE RECEIVED BY EITHER THE CONTRACTING AGENCY OR THE GENERAL ACCOUNTING OFFICE WITHIN 10 DAYS AFTER THE BASIS OF PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. UNDER THESE PROCEDURES, TIME WAS REQUIRED TO FILE ANY PROTEST WITHIN 10 DAYS AFTER RECEIPT OF THE MARCH 10, 1978, TELEX FROM THE DEFENSE FUEL SUPPLY CENTER WHICH ADVISED THAT THE SOLICITATION HAD BEEN CANCELED.

APPARENTLY NO PROTEST WAS FILED WITH THE AGENCY. THEREFORE, ITS PROTEST FILED ON JUNE 13, 1978, WITH OUR OFFICE IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS. SEE L & M CLEANING COMPANY, B-190958, MARCH 21, 1978, 78-1 CPD 222.