B-199638, AUG 22, 1980

B-199638: Aug 22, 1980

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IS UNTIMELY UNDER BID PROTEST PROCEDURES AND WILL NOT BE CONSIDERED ON MERITS. ITS OFFER WAS RETURNED. PROTESTS MUST BE FILED WITH OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER. 4 C.F.R. THE BASIS FOR HILRAD'S PROTEST WAS KNOWN NOT LATER THAN JUNE 20. THE RETURN OF THE OFFER CONSTITUTED INITIAL ADVERSE AGENCY ACTION AND ANY PROTEST TO OUR OFFICE WAS REQUIRED TO BE FILED (I.E. SINCE HILRAD'S PROTEST WAS NOT RECEIVED BY OUR OFFICE UNTIL JULY 18. THE PROTEST IS DISMISSED AS UNTIMELY.

B-199638, AUG 22, 1980

DIGEST: PROTEST FILED WITH GAO MORE THAN 10 DAYS AFTER PROTESTER RECEIVED NOTIFICATION OF INITIAL ADVERSE AGENCY ACTION, REJECTION OF OFFER, IS UNTIMELY UNDER BID PROTEST PROCEDURES AND WILL NOT BE CONSIDERED ON MERITS.

THE HILRAD COMPANY:

THE HILRAD COMPANY (HILRAD) PROTESTS THE GENERAL SERVICES ADMINISTRATION'S (GSA) REJECTION OF ITS OFFER UNDER SOLICITATION FCGS-T 36353-N-7-20-79 FOR FSC GROUP 65, PART II, SECTION B-MEDICAL AND VETERINARY EQUIPMENT AND SUPPLIES.

GSA REPORTS THAT UNDER ITS MULTIPLE AWARDS SYSTEM OF PROCUREMENT, IT SETS A BENCHMARK WHICH ALL OFFERORS MUST MEET IN ORDER TO BE CONSIDERED FOR AWARD. GSA ALSO STATES THAT HILRAD DID NOT MEET THE BENCHMARK AND, THEREFORE, ITS OFFER WAS RETURNED.

HILRAD COMPLAINS THAT GSA MADE TELEPHONE CALLS TO ITS FIRM INSISTING THAT HILRAD MAKE SOME CHANGES IN ITS OFFER IN ORDER TO BE CONSIDERED FOR AN AWARD. HILRAD CONTENDS THAT THESE CHANGES INCLUDED UNREASONABLE DISCOUNT DEMANDS.

THE RECORD INDICATES THAT HILRAD DID NOT TIMELY FILE THIS PROTEST WITH OUR OFFICE. UNDER OUR BID PROTEST PROCEDURES, PROTESTS MUST BE FILED WITH OUR OFFICE WITHIN 10 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. 4 C.F.R. SEC. 20.2(B)(2) (1980). THE BASIS FOR HILRAD'S PROTEST WAS KNOWN NOT LATER THAN JUNE 20, 1980, WHEN IT RECEIVED GSA'S LETTER REJECTING ITS OFFER. THE RETURN OF THE OFFER CONSTITUTED INITIAL ADVERSE AGENCY ACTION AND ANY PROTEST TO OUR OFFICE WAS REQUIRED TO BE FILED (I.E., RECEIVED) WITHIN 10 DAYS FROM JUNE 20, 1980. SINCE HILRAD'S PROTEST WAS NOT RECEIVED BY OUR OFFICE UNTIL JULY 18, 1980, THE PROTEST IS DISMISSED AS UNTIMELY. SEE OPTIC-ELECTRONIC CORPORATION, B-199404, JULY 18, 1980, 80-2 CPD .