B-212635, SEP 6, 1983
Highlights
CLAIM FOR DAMAGES BASED ON MATTER PROTESTED UNTIMELY WILL NOT BE CONSIDERED. BECAUSE IT DID NOT HAVE ACTUAL KNOWLEDGE OF OUR TIMELINESS RULES UNTIL RECENTLY. ARE PUBLISHED IN THE FEDERAL REGISTER AND PROTESTERS. ARE CHARGED WITH CONSTRUCTIVE NOTICE OF THEIR CONTENTS. WHERE CONSIDERATION OF A CLAIM WILL INVOLVE THE SAME ISSUES RAISED IN AN UNTIMELY PROTEST. WE WILL NOT CONSIDER THE CLAIM SINCE TO DO OTHERWISE WOULD CIRCUMVENT THE TIMELINESS REQUIREMENTS OF OUR BID PROTEST PROCEDURES. WE HAVE HELD THAT THERE IS NO LEGAL BASIS FOR ALLOWING AN UNSUCCESSFUL OFFEROR TO RECOVER COMPENSATION FOR THE ALLEGED LOSS OF BUSINESS. THE PROTEST AND CLAIM ARE DISMISSED.
B-212635, SEP 6, 1983
DIGEST: 1. LACK OF ACTUAL KNOWLEDGE OF BID PROTEST PROCEDURES DOES NOT EXCUSE LATE FILING OF PROTEST. 2. CLAIM FOR DAMAGES BASED ON MATTER PROTESTED UNTIMELY WILL NOT BE CONSIDERED.
CUSTOM CATERERS:
CUSTOM CATERERS REQUESTS THAT OUR OFFICE CONSIDER ITS ADMITTEDLY LATE PROTEST AGAINST THE AWARD OF A CONTRACT TO MID AMERICA FOOD SERVICE (MID AMERICA) UNDER DEPARTMENT OF THE ARMY INVITATION FOR BIDS (IFB) DABT19-83- B-0020, BECAUSE IT DID NOT HAVE ACTUAL KNOWLEDGE OF OUR TIMELINESS RULES UNTIL RECENTLY.
HOWEVER, OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983), ARE PUBLISHED IN THE FEDERAL REGISTER AND PROTESTERS, THEREFORE, ARE CHARGED WITH CONSTRUCTIVE NOTICE OF THEIR CONTENTS. MIKE VANEBO, B-211816, JUNE 20, 1983, 83-2 CPD 4.
CUSTOMS CATERERS ALSO CLAIMS DAMAGES FOR LOST REVENUES AND EXPENSES BECAUSE OF THE AWARD TO MID AMERICA.
WHERE CONSIDERATION OF A CLAIM WILL INVOLVE THE SAME ISSUES RAISED IN AN UNTIMELY PROTEST, WE WILL NOT CONSIDER THE CLAIM SINCE TO DO OTHERWISE WOULD CIRCUMVENT THE TIMELINESS REQUIREMENTS OF OUR BID PROTEST PROCEDURES. THE BIG PICTURE COMPANY, B-210535, FEBRUARY 17, 1983, 83-1 CPD 166; THE LAND GROUP OF SALT LAKE CITY, B-202423, APRIL 16, 1981, 81-1 CPD 296. IN ANY EVENT, WE HAVE HELD THAT THERE IS NO LEGAL BASIS FOR ALLOWING AN UNSUCCESSFUL OFFEROR TO RECOVER COMPENSATION FOR THE ALLEGED LOSS OF BUSINESS. HOUSTON FEERLESS 76, B-209576, APRIL 15, 1983, 83-1 CPD 412.
ACCORDINGLY, THE PROTEST AND CLAIM ARE DISMISSED.