B-215541, JUL 2, 1984, 84-2 CPD 10
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING - OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST AGAINST BID REJECTION IS UNTIMELY BECAUSE IT WAS FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST SHOULD HAVE BEEN KNOWN. THE AIR FORCE INFORMED MHH THAT IT WAS IN LINE FOR AWARD. THE AIR FORCE APPARENTLY REJECTED THE BID BECAUSE IT WAS UNREASONABLE AS TO PRICE. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BE FILED WITH OUR OFFICE OR THE CONTRACTING AGENCY WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER. IS UNTIMELY. THE PROTEST IS DISMISSED.
B-215541, JUL 2, 1984, 84-2 CPD 10
CONTRACTS - PROTESTS - GENERAL ACCOUNTING - OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST AGAINST BID REJECTION IS UNTIMELY BECAUSE IT WAS FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST SHOULD HAVE BEEN KNOWN.
MANN, HUNDLEY & HENDRICKS:
MANN, HUNDLEY & HENDRICKS (MHH) PROTESTS THE REJECTION OF ITS BID BY DOVER AIR FORCE BASE (AIR FORCE), DELAWARE, UNDER INVITATION FOR BIDS NO. F07603-84-B-0002. WE DISMISS THE PROTEST AS UNTIMELY.
MHH ADVISES THAT IN FEBRUARY 1984, THE AIR FORCE INFORMED MHH THAT IT WAS IN LINE FOR AWARD. HOWEVER, BY LETTER DATED APRIL 25, 1984, THE AIR FORCE APPARENTLY REJECTED THE BID BECAUSE IT WAS UNREASONABLE AS TO PRICE. MHH PROTESTED THE REJECTION TO OUR OFFICE BY LETTER DATED JUNE 4, 1984, WHICH WE RECEIVED ON JUNE 12.
OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS BE FILED WITH OUR OFFICE OR THE CONTRACTING AGENCY WITHIN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. C.F.R. SEC. 21.2(B) (2) (1983). ALLOWING A REASONABLE TIME FOR THE DELIVERY OF THE PROCURING AGENCY'S REJECTION LETTER, IT APPEARS THAT MHH'S PROTEST AGAINST THE REJECTION FILED WITH OUR OFFICE ON JUNE 12, 1984 (MORE THAN A MONTH AFTER THE AIR FORCE MAILED THE REJECTION LETTER), IS UNTIMELY. SEE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY, B-211916, JUNE 27, 1983, 83-2 CPD PARA. 29.
THE PROTEST IS DISMISSED.