B-217471, JAN 18, 1985, 85-1 CPD 67
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - ADVERSE AGENCY ACTION EFFECT DIGEST: PROTEST FILED MORE THAN 10 WORKING DAYS AFTER THE PROTESTER RECEIVED NOTICE OF THE CONTRACTING AGENCY'S DENIAL OF AN INITIAL PROTEST AT THAT LEVEL IS DISMISSED AS UNTIMELY. ROWE STATES THAT ITS OFFER BASED ON WAIVER OF THE FIRST ARTICLE REQUIREMENT WAS LOWER THAN THE AWARDEE'S. PROVIDE THAT WHERE A PROTEST IS FILED WITH THE CONTRACTING AGENCY. IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS. THE PROTEST IS DISMISSED.
B-217471, JAN 18, 1985, 85-1 CPD 67
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - ADVERSE AGENCY ACTION EFFECT DIGEST: PROTEST FILED MORE THAN 10 WORKING DAYS AFTER THE PROTESTER RECEIVED NOTICE OF THE CONTRACTING AGENCY'S DENIAL OF AN INITIAL PROTEST AT THAT LEVEL IS DISMISSED AS UNTIMELY.
L. L. ROWE CO.:
L. L. ROWE CO. (ROWE) PROTESTS THE AWARD OF A CONTRACT TO WINCHESTER INDUSTRIES UNDER DEFENSE LOGISTICS AGENCY (DLA) SOLICITATION NO. DLA400 84 -R-8414 FOR MARINE NAVIGATIONAL LIGHTS. ROWE STATES THAT ITS OFFER BASED ON WAIVER OF THE FIRST ARTICLE REQUIREMENT WAS LOWER THAN THE AWARDEE'S, AND CONTESTS DLA'S DETERMINATION THAT ROWE DID NOT QUALIFY FOR WAIVER.
ROWE INITIALLY PROTESTED THE MATTER TO DLA, WHICH DENIED THE PROTEST BY LETTER OF DECEMBER 5, 1984. ROWE RECEIVED THAT LETTER ON DECEMBER 10, AND FILED ITS PROTEST WITH OUR OFFICE ON DECEMBER 27.
OUR BID PROTEST PROCEDURES, 4 C.F.R. SECS. 21.2(A) (1984), PROVIDE THAT WHERE A PROTEST IS FILED WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO OUR OFFICE MUST BE FILED WITHIN 10 WORKING DAYS AFTER THE PROTESTER RECEIVES NOTICE OF THE AGENCY'S INITIAL ADVERSE ACTION. ROWE'S PROTEST TO OUR OFFICE, FILED 12 WORKING DAYS AFTER THE FIRM'S RECEIPT OF DLA'S DECEMBER 5 LETTER, IS UNTIMELY AND WILL NOT BE CONSIDERED ON THE MERITS.
THE PROTEST IS DISMISSED.