B-201463, JAN 6, 1981

B-201463: Jan 6, 1981

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DIGEST: PROTEST FILED ALMOST 1 MONTH AFTER BASIS OF PROTEST WAS KNOWN (ALLEGED IMPROPER SOLE-SOURCE AWARD) IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS. 4 C.F.R. WHICH WAS UNNECESSARY BECAUSE MOTOROLA TRANSMISSION EQUIPMENT IS COMPATIBLE WITH ALL KINDS OF SENSORS. SAFE'S LETTER SETTING FORTH ITS BASIS OF PROTEST IS DATED NOVEMBER 10. THE PROTEST WAS NOT FILED (ACTUALLY RECEIVED) IN OUR OFFICE UNTIL DECEMBER 9. OR ALMOST A MONTH AFTER THE PROTEST LETTER WAS DRAFTED. SAFE'S PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS UNDER OUR BID PROTEST PROCEDURES. WHICH PROVIDE IN PART AS FOLLOWS: "*** BID PROTESTS SHALL BE FILED NOT LATER THAN 10 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN WHICHEVER IS EARLIER.".

B-201463, JAN 6, 1981

DIGEST: PROTEST FILED ALMOST 1 MONTH AFTER BASIS OF PROTEST WAS KNOWN (ALLEGED IMPROPER SOLE-SOURCE AWARD) IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS. 4 C.F.R. SEC. 20.2(B)(2) (1980).

SECURITY ASSISTANCE FORCES AND EQUIPMENT OHG:

THE DEPARTMENT OF THE ARMY (ARMY) PURCHASED MOTOROLA INCORPORATED (MOTOROLA) ALARM SENSOR COMPONENTS FROM THE FEDERAL SUPPLY SCHEDULE CONTRACT.

SECURITY ASSISTANCE FORCES & EQUIPMENT OHG (SAFE) CONTENDS THAT THE ARMY MADE AN IMPROPER SOLE-SOURCE AWARD TO ACHIEVE COMPATIBILITY OF COMPONENTS, WHICH WAS UNNECESSARY BECAUSE MOTOROLA TRANSMISSION EQUIPMENT IS COMPATIBLE WITH ALL KINDS OF SENSORS.

SAFE'S LETTER SETTING FORTH ITS BASIS OF PROTEST IS DATED NOVEMBER 10, 1980; HOWEVER, THE PROTEST WAS NOT FILED (ACTUALLY RECEIVED) IN OUR OFFICE UNTIL DECEMBER 9, 1980, OR ALMOST A MONTH AFTER THE PROTEST LETTER WAS DRAFTED. CONSEQUENTLY, SAFE'S PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(B)(2) (1980), WHICH PROVIDE IN PART AS FOLLOWS:

"*** BID PROTESTS SHALL BE FILED NOT LATER THAN 10 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN WHICHEVER IS EARLIER."

BASED ON THE FOREGOING, THE PROTEST IS DISMISSED.