B-210670, FEB 17, 1983
Highlights
DIGEST: PROTEST NOT RECEIVED WITHIN OUR OFFICE IN 10 WORKING DAYS AFTER THE PROTESTER KNEW OR SHOULD HAVE KNOWN OF THE BASIS OF ITS PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED. THE PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL FEBRUARY 1. EVEN THOUGH IT IS NOT KNOWN WHEN THOMAS RECEIVED THE LETTER OF NOVEMBER 23. IT IS REASONABLE TO ASSUME THAT RECEIPT WAS MORE THAN 10 WORKING DAYS. PROVIDES THAT A PROTEST MUST BE FILED WITHIN 10 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. SINCE THE PROTEST WAS NOT RECEIVED WITHIN 10 WORKING DAYS. IT IS UNTIMELY AND WILL NOT BE CONSIDERED.
B-210670, FEB 17, 1983
DIGEST: PROTEST NOT RECEIVED WITHIN OUR OFFICE IN 10 WORKING DAYS AFTER THE PROTESTER KNEW OR SHOULD HAVE KNOWN OF THE BASIS OF ITS PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED.
THOMAS & SONS, INC.:
THOMAS & SONS, INC. (THOMAS), PROTESTS AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER INVITATION FOR BIDS DTFA14-82-B-A0701, ISSUED BY THE FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION.
WE DISMISS THE PROTEST.
THE PROTEST SHOWS ON ITS FACE THAT THOMAS RECEIVED NOTICE OF THE AWARD OF THE CONTRACT AND THE REASON FOR NOT ACCEPTING THOMAS' BID BY LETTER DATED NOVEMBER 23, 1982. THE PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL FEBRUARY 1, 1983, MORE THAN 2 MONTHS AFTER NOTICE OF THE BASIS OF ITS PROTEST. EVEN THOUGH IT IS NOT KNOWN WHEN THOMAS RECEIVED THE LETTER OF NOVEMBER 23, IT IS REASONABLE TO ASSUME THAT RECEIPT WAS MORE THAN 10 WORKING DAYS, BEFORE WE RECEIVED THE PROTEST.
SECTION 21.2(B)(2) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.2(B)(2) (1982), PROVIDES THAT A PROTEST MUST BE FILED WITHIN 10 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. SINCE THE PROTEST WAS NOT RECEIVED WITHIN 10 WORKING DAYS, AS REQUIRED, IT IS UNTIMELY AND WILL NOT BE CONSIDERED.