B-208002, JUL 7, 1982
Highlights
DIGEST: PROTEST RECEIVED IN GAO MORE THAN 10 DAYS AFTER PROTESTER BECOMES AWARE OF BASIS FOR PROTEST IS UNTIMELY. AUNYX'S OFFER WAS REJECTED BECAUSE IT WAS RECEIVED AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS AND BECAUSE AUNYX COULD NOT SHOW. THAT IT WAS MAILED BY REGISTERED OR CERTIFIED MAIL NOT LATER THAN THE FIFTH CALENDAR DAY PRIOR TO THE DATE SET FOR RECEIPT OF OFFERS. OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST BE FILED WITH THE GAO WITHIN 10 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN. 4 C.F.R. AUNYX WAS NOTIFIED IN A LETTER FROM GSA DATED MAY 25. ITS PROTEST TO THIS OFFICE WAS RECEIVED ON JUNE 23. AUNYX'S PROTEST IS CLEARLY UNTIMELY. THE PROTEST IS DISMISSED.
B-208002, JUL 7, 1982
DIGEST: PROTEST RECEIVED IN GAO MORE THAN 10 DAYS AFTER PROTESTER BECOMES AWARE OF BASIS FOR PROTEST IS UNTIMELY.
AUNYX MANUFACTURING CORPORATION:
AUNYX MANUFACTURING CORPORATION (AUNYX) PROTESTS THE REJECTION OF ITS OFFER UNDER SOLICITATION NO. FCGE-M8-75227-N-2-16-82 ISSUED BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION (GSA). AUNYX'S OFFER WAS REJECTED BECAUSE IT WAS RECEIVED AFTER THE CLOSING DATE FOR RECEIPT OF PROPOSALS AND BECAUSE AUNYX COULD NOT SHOW, AS REQUIRED BY THE SOLICITATION, THAT IT WAS MAILED BY REGISTERED OR CERTIFIED MAIL NOT LATER THAN THE FIFTH CALENDAR DAY PRIOR TO THE DATE SET FOR RECEIPT OF OFFERS.
OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST BE FILED WITH THE GAO WITHIN 10 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN. 4 C.F.R. SEC. 21.2(B)(2) (1982). HERE, AUNYX WAS NOTIFIED IN A LETTER FROM GSA DATED MAY 25, 1982, OF THE REJECTION OF ITS OFFER AND THE BASIS THEREFOR. ITS PROTEST TO THIS OFFICE WAS RECEIVED ON JUNE 23, 1982, OR APPROXIMATELY ONE MONTH LATER. UNDER THE CIRCUMSTANCES, AUNYX'S PROTEST IS CLEARLY UNTIMELY.
THE PROTEST IS DISMISSED.