B-195533, AUG 22, 1979

B-195533: Aug 22, 1979

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DIGEST: PROTEST FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER RECEIPT BY PROTESTER OF NOTICE OF AWARD IS UNTIMELY UNDER OUR BID PROTEST PROCEDURES AND NOT FOR CONSIDERATION ON THE MERITS. ITS BEST AND FINAL OFFER WAS REJECTED BECAUSE GSA CONCLUDED IT TOOK EXCEPTION TO THE SOLICITATION BY INSERTING LANGUAGE TO "CLARIFY" ONE OF THE CONTRACT PROVISIONS. AJI'S PROTEST WAS RECEIVED IN OUR OFFICE ON JULY 24. SECTION 20.2(B)(2) OF OUR BID PROTEST PROCEDURES REQUIRES THAT "BID PROTESTS SHALL BE FILED NOT LATER THAN 10 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN." 4 C.F.R. WE BELIEVE THIS PROTEST IS UNTIMELY FILED AND THEREFORE NOT FOR CONSIDERATION ON THE MERITS. THE BASIS OF THE PROTEST WAS SET FORTH IN GSA'S JUNE 28 LETTER.

B-195533, AUG 22, 1979

DIGEST: PROTEST FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER RECEIPT BY PROTESTER OF NOTICE OF AWARD IS UNTIMELY UNDER OUR BID PROTEST PROCEDURES AND NOT FOR CONSIDERATION ON THE MERITS.

ANDERSON JACOBSON, INC.:

ANDERSON JACOBSON, INC. (AJI) PROTESTS THE AWARD OF CONTRACT NO. GS 0OC- 01716 BY THE GENERAL SERVICES ADMINISTRATION (GSA).

BY LETTER DATED JUNE 28, 1979, GSA ADVISED AJI THAT THE CONTRACT HAD BEEN AWARDED TO ANOTHER CONTRACTOR. ALTHOUGH AJI SUBMITTED THE LOW BEST AND FINAL OFFER FOR SEVERAL MODELS OF AUTOMATIC DATA PROCESSING EQUIPMENT BEING PURCHASED OR RENTED UNDER THIS CONTRACT, ITS BEST AND FINAL OFFER WAS REJECTED BECAUSE GSA CONCLUDED IT TOOK EXCEPTION TO THE SOLICITATION BY INSERTING LANGUAGE TO "CLARIFY" ONE OF THE CONTRACT PROVISIONS. AJI'S PROTEST WAS RECEIVED IN OUR OFFICE ON JULY 24, 1979.

SECTION 20.2(B)(2) OF OUR BID PROTEST PROCEDURES REQUIRES THAT "BID PROTESTS SHALL BE FILED NOT LATER THAN 10 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN." 4 C.F.R. SEC. 20.2(B)(2) (1978). SECTION 20.2(B)(3) DEFINES "FILED" TO MEAN RECEIPT IN OUR OFFICE.

WE BELIEVE THIS PROTEST IS UNTIMELY FILED AND THEREFORE NOT FOR CONSIDERATION ON THE MERITS. THE BASIS OF THE PROTEST WAS SET FORTH IN GSA'S JUNE 28 LETTER, YET THE PROTEST WAS NOT FILED UNTIL 26 CALENDAR DAYS (17 WORKING DAYS) THEREAFTER. THUS IT APPEARS THAT AJI DID NOT MEET THE 10 DAY FILING DEADLINE REQUIRED BY OUR REGULATIONS.

THE PROTEST IS DISMISSED.