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B-193512, DECEMBER 6, 1978

B-193512 Dec 06, 1978
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DIGEST: PROTEST RECEIVED BY GAO MORE THAN 10 WORKING DAYS AFTER RECEIPT BY PROTESTER OF NOTICE OF INITIAL ADVERSE AGENCY ACTION ON PROTEST FILED WITH AGENCY IS UNTIMELY FILED AND NOT FOR CONSIDERATION ON MERITS. ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 10 (WORKING) DAYS OF (A PROTESTER'S) * * * INITIAL ADVERSE AGENCY ACTION WILL BE CONSIDERED.". 1978 AND FILED HERE ON NOVEMBER 17 IS UNTIMELY. THE PROTEST IS NOT FOR CONSIDERATION ON THE MERITS.

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B-193512, DECEMBER 6, 1978

DIGEST: PROTEST RECEIVED BY GAO MORE THAN 10 WORKING DAYS AFTER RECEIPT BY PROTESTER OF NOTICE OF INITIAL ADVERSE AGENCY ACTION ON PROTEST FILED WITH AGENCY IS UNTIMELY FILED AND NOT FOR CONSIDERATION ON MERITS.

INSTRUMENTS SA, INC.:

INSTRUMENTS SA, INC. (INSTRUMENTS) PROTESTS THE AWARD OF A CONTRACT TO APPLIED RESEARCH LABORATORIES UNDER INVITATION FOR BIDS (IFB) NO. SO281046, ISSUED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR (INTERIOR), BUREAU OF MINES FOR THE PROVISION AND INSTALLATION OF AN INDUCTIVELY-COUPLED PLASMA SPECTROMETER. INSTRUMENTS ALLEGES THE WINNING BID DID NOT OFFER AN ITEM MEETING THE SPECIFICATION REQUIREMENTS.

INSTRUMENTS INITIALLY PROTESTED TO INTERIOR BY LETTER OF OCTOBER 9, 1978. INTERIOR'S RESPONSE, DATED OCTOBER 16, 1978, DENIED THE PROTEST. INSTRUMENTS, BY LETTER TO INTERIOR DATED NOVEMBER 10, 1978, DISAGREED WITH INTERIOR'S POSITION. BY LETTER DATED NOVEMBER 15, 1978, INSTRUMENTS PROTESTED THE MATTER TO THIS OFFICE.

SECTION 20.2 OF OUR BID PROTEST PROCEDURES, 4 C.F.R. 20.2 (1978), STATES IN PERTINENT PART:

" * * * IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 10 (WORKING) DAYS OF (A PROTESTER'S) * * * INITIAL ADVERSE AGENCY ACTION WILL BE CONSIDERED."

SINCE INSTRUMENTS RECEIVED NOTICE OF INTERIOR'S DENIAL OF ITS PROTEST IN MID-OCTOBER, ITS PROTEST DATED NOVEMBER 15, 1978 AND FILED HERE ON NOVEMBER 17 IS UNTIMELY. MARYLAND T CORPORATION, B-192247, JULY 19, 1978, 78-2 CPD 52.

ACCORDINGLY, THE PROTEST IS NOT FOR CONSIDERATION ON THE MERITS.

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