B-215568, JUL 20, 1984, 84-2 CPD 73

B-215568: Jul 20, 1984

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CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST IS UNTIMELY WHERE FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER PROTESTER SHOULD HAVE KNOWN THE PROTEST BASIS. WALTHAM ALLEGES THAT THE CONTRACT WAS "FRAUDULENTLY OBTAINED" IN THAT THE AWARDEE MISREPRESENTED ITSELF AS BEING A REGULAR DEALER OF MECHANICAL AIRCRAFT CLOCKS. A NEW SOLICITATION SHOULD HAVE BEEN ISSUED. A PROTEST MUST BE FILED WITH THE PROCURING AGENCY OR THE GAO WITHIN 10 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN IN ORDER TO BE TIMELY. THE CONTRACT IN QUESTION WAS AWARDED ON FEBRUARY 1. CONTRACT MODIFICATION P00002 WAS ISSUED AUGUST 12.

B-215568, JUL 20, 1984, 84-2 CPD 73

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST IS UNTIMELY WHERE FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER PROTESTER SHOULD HAVE KNOWN THE PROTEST BASIS.

WALTHAM PRECISION INSTRUMENTS, INC.:

WALTHAM PRECISION INSTRUMENTS, INC. (WALTHAM), PROTESTS THE AWARD OF A CONTRACT TO 4-J SALES & SERVICE (4-J) UNDER SOLICITATION NO. F41608 83-D- 0014 ISSUED BY THE SAN ANTONIO AIR LOGISTICS CENTER, KELLY AIR FORCE BASE, FOR THE REPAIR AND OVERHAUL OF MECHANICAL AIRCRAFT CLOCKS. WALTHAM ALLEGES THAT THE CONTRACT WAS "FRAUDULENTLY OBTAINED" IN THAT THE AWARDEE MISREPRESENTED ITSELF AS BEING A REGULAR DEALER OF MECHANICAL AIRCRAFT CLOCKS. WALTHAM CONTENDS THAT 4-J LACKS "THE CAPABILITY TO PROVIDE AN OPERATIONALLY SAFE, SERVICEABLE AND RELIABLE ITEM AS REQUIRED IN THE OVERHAUL OF AIRCRAFT CLOCKS." FINALLY, WALTHAM ARGUES THAT INSTEAD OF ISSUING 4-J CONTRACT MODIFICATION P00002, A NEW SOLICITATION SHOULD HAVE BEEN ISSUED.

WE DISMISS THE PROTEST.

UNDER OUR BID PROTEST PROCEDURES, A PROTEST MUST BE FILED WITH THE PROCURING AGENCY OR THE GAO WITHIN 10 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN IN ORDER TO BE TIMELY. C.F.R. SEC. 21.2(B)(2) (1983); AIR TOOL & CONTROL, INC., B-214891, APR. 18, 1984, 84-1 CPD PARA. 446. THE CONTRACT IN QUESTION WAS AWARDED ON FEBRUARY 1, 1983, AND CONTRACT MODIFICATION P00002 WAS ISSUED AUGUST 12, 1983. WALTHAM'S PROTEST, FILED (RECEIVED) IN OUR OFFICE ON JUNE 18, 1984, IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.