B-221373.3, B-221886, APR 15, 1986, OFFICE OF GENERAL COUNSEL

B-221373.3,B-221886: Apr 15, 1986

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COLORADO 81501 WE HAVE RECEIVED A LETTER OF FEBRUARY 14. THE ATTORNEY HANDLING THE PROTEST IS DAVID ASHEN. LETTER FROM PYROTECHNICS IN WHICH THAT FIRM ADMITS THAT IT FAILED TO MEET THE REQUIREMENT IN OUR BID PROTEST REGULATIONS THAT A PROTEST BE FILED WITHIN 10 WORKING DAYS OF WHEN THE BASIS IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER. 4 C.F.R. HALL SUGGESTS THE POSSIBILITY OF OUR CONSIDERING THE PROTEST PURSUANT TO THE EXCEPTIONS IN OUR BID PROTEST REGULATIONS WHERE GOOD CAUSE IS SHOWN FOR THE UNTIMELINESS OR THE PROTEST RAISES AN ISSUE SIGNIFICANT TO THE PROCUREMENT COMMUNITY. 4 C.F.R. IS RESERVED FOR CIRCUMSTANCES WHERE SOME COMPELLING REASON BEYOND THE PROTESTER'S CONTROL PREVENTS THE TIMELY FILING OF A PROTEST.

B-221373.3, B-221886, APR 15, 1986, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

THE HONORABLE WILLIAM L. ARMSTRONG:

UNITED STATES SENATOR

FEDERAL BUILDING, ROOM 215

400 ROOD AVENUE

GRAND JUNCTION, COLORADO 81501

WE HAVE RECEIVED A LETTER OF FEBRUARY 14, 1986, FROM YOUR STAFF ASSISTANT, MS. KATHY HALL, REQUESTING THAT WE CONSIDER THE PROTESTS FILED BY PYROTECHNICS INDUSTRIES, INC., CONCERNING THE ALLEGEDLY IMPROPER CANCELLATION OF INVITATION FOR BIDS (IFB) NO. DAAA09-85-B-0647 AND DAAA09- 85-B-0899, ISSUED BY THE ARMY ARMAMENT, MUNITIONS AND CHEMICAL COMMAND, ROCK ISLAND, ILLINOIS.

PYROTECHNICS HAS WRITTEN DIRECTLY TO OUR OFFICE TO PROTEST THE CANCELLATION OF IFB NO. DAAA09-85-B-0899 AND ITS PROTEST HAS BEEN OPENED AS B-221886. THE ATTORNEY HANDLING THE PROTEST IS DAVID ASHEN, AND HE CAN BE REACHED ON (202) 275-9740 FOR FURTHER INFORMATION.

AS FOR PYROTECHNICS' PROTEST-- B-221373.2-- OF THE CANCELLATION OF IFB NO. DAAA09-85-B-0647, WE NOTE THAT MS. HALL HAS ENCLOSED WITH HER LETTER A FEBRUARY 12, 1986, LETTER FROM PYROTECHNICS IN WHICH THAT FIRM ADMITS THAT IT FAILED TO MEET THE REQUIREMENT IN OUR BID PROTEST REGULATIONS THAT A PROTEST BE FILED WITHIN 10 WORKING DAYS OF WHEN THE BASIS IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. 4 C.F.R. SEC. 21.2(A)(2) (1985). WE DISMISSED THAT PROTEST FOR THAT VERY REASON ON JANUARY 31, 1986.

MS. HALL SUGGESTS THE POSSIBILITY OF OUR CONSIDERING THE PROTEST PURSUANT TO THE EXCEPTIONS IN OUR BID PROTEST REGULATIONS WHERE GOOD CAUSE IS SHOWN FOR THE UNTIMELINESS OR THE PROTEST RAISES AN ISSUE SIGNIFICANT TO THE PROCUREMENT COMMUNITY. 4 C.F.R. SEC. 21.2(C). THE GOOD CAUSE EXCEPTION, HOWEVER, IS RESERVED FOR CIRCUMSTANCES WHERE SOME COMPELLING REASON BEYOND THE PROTESTER'S CONTROL PREVENTS THE TIMELY FILING OF A PROTEST. NO SUCH REASON HAS BEEN SHOWN HERE. THE SIGNIFICANT ISSUE EXCEPTION IS LIMITED TO ISSUES OF WIDESPREAD INTEREST TO THE PROCUREMENT COMMUNITY AND IS USED SPARINGLY SO THAT OUR TIMELINESS STANDARDS DO NOT BECOME MEANINGLESS. WHERE THE MERITS OF A PROTEST INVOLVE ISSUES WHICH WE HAVE PREVIOUSLY CONSIDERED, THE ISSUES ARE NOT SIGNIFICANT. WE HAVE PREVIOUSLY CONSIDERED A PROTEST INVOLVING THE CANCELLATION OF A SOLICITATION FOR REASON OF AMBIGUITY-- THE REASON CITED BY THE AGENCY IN CANCELING IFB NO. DAAA09-85- B-0647. SEE BROWNING-FERRIS INDUSTRIES OF THE SOUTH ATLANTIC, INC.; RELIABLE TRASH SERVICE CO. OF MD., INC., B-217073, B-218131, APR. 9, 1985, 85-1 CPD PARA. 406. WE THEREFORE SEE NO BASIS TO REOPEN OUR FILE B-221373.2.