Protest Alleging Awardee's Bid Was Nonresponsive

Danfoss, Inc. protested the award of a contract to A. T. Scanzillo Contracting Co. by the Veterans Administration (VA), contending that Scanzillo's bid was nonresponsive. VA notified Danfoss, in a letter received on July 6, 1979, that its protest was denied, and Danfoss filed an appeal with VA on July 9, followed by an appeal to GAO filed on August 2. GAO urges protesters to seek resolution of their complaints first with the contracting agency; then, in case of initial adverse agency action, a protest may be filed with GAO within 10 working days. The VA letter received by Danfoss on July 6 constituted the initial adverse agency action and the August 2 protest to GAO was untimely as it was filed more than 10 working days after receipt of constructive notice. Although Danfoss continued to pursue its protest with VA, GAO holds that it is incumbent upon a protester to file appeal with GAO rather than risk having its protest determined untimely. The protest was dismissed.