B-217023, NOV 26, 1984, 84-2 CPD 568
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER PROTESTER LEARNS OF BASIS FOR PROTEST IS UNTIMELY. NOVAK CONTENDS THAT ITS BID WAS RESPONSIVE. NOVAK WAS NOTIFIED THAT ITS BID HAD BEEN REJECTED AND THE REASONS THEREFOR. A PROTEST MUST BE FILED (RECEIVED IN OUR OFFICE) NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS OF PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. 4 C.F.R. IT IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS. THE PROTEST IS DISMISSED.
B-217023, NOV 26, 1984, 84-2 CPD 568
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER PROTESTER LEARNS OF BASIS FOR PROTEST IS UNTIMELY.
NOVAK CO., INC.:
NOVAK CO., INC. PROTESTS THE REJECTION OF ITS BID AS NONRESPONSIVE UNDER DEPARTMENT OF JUSTICE SOLICITATION NO. JDJMD-84-B-0061. NOVAK CONTENDS THAT ITS BID WAS RESPONSIVE.
BY LETTER DATED SEPTEMBER 29, 1984, NOVAK WAS NOTIFIED THAT ITS BID HAD BEEN REJECTED AND THE REASONS THEREFOR. NOVAK FILED ITS PROTEST WITH OUR OFFICE BY LETTER OF OCTOBER 29, 1984, WHICH WE RECEIVED ON NOVEMBER 2. UNDER OUR BID PROTEST PROCEDURES, A PROTEST MUST BE FILED (RECEIVED IN OUR OFFICE) NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS OF PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. 4 C.F.R. SEC. 21.2(B)(2) (1984). THE PROTEST FILED HERE ON NOVEMBER 2 OBVIOUSLY DOES NOT MEET THAT REQUIREMENT. THEREFORE, IT IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS. SEE BONVICINI BUILDING CO., B-209004, OCT. 8, 1982, 82-2 CPD PARA. 322.
THE PROTEST IS DISMISSED.