B-208575, NOV 1, 1982
Highlights
DIGEST: PROTEST FILED WITH GAO MORE THAN 10 DAYS AFTER PROTESTER LEARNS OF INITIAL ADVERSE AGENCY ACTION ON PROTEST FILED WITH AGENCY IS DISMISSED AS UNTIMELY AND WE DO NOT CONSIDER THE ISSUE RAISED AS A SIGNIFICANT ISSUE UNDER OUR PROCEDURES TO WARRANT INVOKING THE EXCEPTION TO CONSIDERATION OF OTHERWISE UNTIMELY PROTESTS. THAT IT WAS IMPROPER TO REQUEST ANOTHER ROUND OF BEST AND FINAL OFFERS. ANY SUBSEQUENT PROTEST TO OUR OFFICE WILL BE CONSIDERED IF FILED WITHIN 10 WORKING DAYS FROM NOTIFICATION OF OR ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF ADVERSE AGENCY ACTION ON THE PROTEST. 4 C.F.R. AS THIS PROTEST WAS NOT FILED WITHIN 10 WORKING DAYS FROM JUNE 28. IS CLEARLY UNTIMELY. WHICH IS EXERCISED SPARINGLY SO THAT OUR TIMELINESS STANDARDS DO NOT BECOME MEANINGLESS.
B-208575, NOV 1, 1982
DIGEST: PROTEST FILED WITH GAO MORE THAN 10 DAYS AFTER PROTESTER LEARNS OF INITIAL ADVERSE AGENCY ACTION ON PROTEST FILED WITH AGENCY IS DISMISSED AS UNTIMELY AND WE DO NOT CONSIDER THE ISSUE RAISED AS A SIGNIFICANT ISSUE UNDER OUR PROCEDURES TO WARRANT INVOKING THE EXCEPTION TO CONSIDERATION OF OTHERWISE UNTIMELY PROTESTS.
CANNON DIVISION OF ITT CORP.:
INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION, CANNON ELECTRIC DIVISION (ITT) PROTESTS THE AWARD OF A CONTRACT BY UNICOR, FEDERAL PRISON INDUSTRIES, INC., UNITED STATES DEPARTMENT OF JUSTICE (FPI) TO BENDIX ELECTRICAL COMPONENTS DIVISION, UNDER REQUEST FOR PROPOSALS (RFP) NO. 27- P1-1624-E82. ITT CONTENDS THAT THE CONTRACT ALREADY HAD BEEN AWARDED TO IT UNDER CONTRACT NO. 27-P1-1390-NEG ON JUNE 8, 1982, AND THAT IT WAS IMPROPER TO REQUEST ANOTHER ROUND OF BEST AND FINAL OFFERS. WE DISMISS THE PROTEST AS UNTIMELY.
THE DOCUMENTS SUBMITTED BY THE PROTESTER SHOW THAT BY TELEX DATED JUNE 22, 1982, FPI DENIED A PROTEST BY ITT CONCERNING THE REOPENING OF NEGOTIATIONS AND A NEW BEST AND FINAL OFFER DUE BY JULY 7, 1982. LETTER DATED JULY 8, 1982, ITT AGAIN PROTESTED TO THE AGENCY WHICH DENIED THIS PROTEST BY LETTER OF JULY 16, 1982. SUBSEQUENTLY, ON AUGUST 11, 1982, ITT FILED THIS PROTEST WITH OUR OFFICE ON THE BASIS THAT THE CONTRACT ALREADY HAD BEEN AWARDED AND THAT AN AUCTION HAD OCCURRED.
UNDER OUR BID PROTEST PROCEDURES, WHERE A PROTESTER INITIALLY FILES A PROTEST WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO OUR OFFICE WILL BE CONSIDERED IF FILED WITHIN 10 WORKING DAYS FROM NOTIFICATION OF OR ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF ADVERSE AGENCY ACTION ON THE PROTEST. 4 C.F.R. SEC. 21.2(A) (1982). AS THIS PROTEST WAS NOT FILED WITHIN 10 WORKING DAYS FROM JUNE 28, 1982, THE DATE THE PROTESTER RECEIVED THE JUNE 22 LETTER FROM THE CONTRACTING OFFICER INITIALLY DENYING ITS PROTEST, THE PROTEST TO OUR OFFICE ON AUGUST 11, 1982, IS CLEARLY UNTIMELY.
IN SUPPLEMENTING ITS ORIGINAL PROTEST TO OUR OFFICE, ITT CONTENDS THAT EVEN IF UNTIMELY, THE PROTEST SHOULD BE CONSIDERED AS A SIGNIFICANT ISSUE UNDER 4 C.F.R. SEC. 21.2(C). THE SIGNIFICANT ISSUE EXCEPTION TO OUR TIMELINESS RULES, WHICH IS EXERCISED SPARINGLY SO THAT OUR TIMELINESS STANDARDS DO NOT BECOME MEANINGLESS, CONTEMPLATES A PROTEST WHICH INVOLVES A PROCUREMENT PRINCIPLE OF WIDESPREAD INTEREST OR WHICH AFFECTS A BROAD CLASS OF PROCUREMENTS. EDRON, INC. - RECONSIDERATION, B-207353.2, SEPTEMBER 8, 1982, 82-2 CPD 207. IN OUR OPINION, THE ISSUE IN THIS PROTEST MERELY CONCERNS THE CONDUCT OF THIS PROCUREMENT. AS A CONSEQUENCE, THE ISSUE IS NOT OF SUFFICIENT IMPACT TO WARRANT REVIEW UNDER OUR SIGNIFICANT ISSUE EXCEPTION. SEE COMPREHENSIVE HEALTH SERVICES, INC., B-201725, MAY 20, 1981, 81-1 CPD 394.
ACCORDINGLY, THE PROTEST IS DISMISSED.