B-222642.2, JUL 1, 1986

B-222642.2: Jul 1, 1986

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CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - FILING PROTEST WITH AGENCY DIGEST: PROTEST PROPERLY WAS DISMISSED WHERE A COPY WAS NOT FILED WITH THE CONTRACTING AGENCY WITHIN 1 DAY AFTER FILING WITH THE GENERAL ACCOUNTING OFFICE. DISCOUNT'S PROTEST WAS FILED WITH OUR OFFICE ON JUNE 6. ASSERTS THAT IT SENT A COPY OF THE PROTEST TO THE CONTRACTING OFFICER ON THE SAME DAY IT WAS FILED WITH THIS OFFICE. THAT THE FIRM IS UNABLE TO VERIFY RECEIPT BY THE CONTRACTING AGENCY SINCE IT SENT THE COPY BY REGULAR MAIL. IT IS NOT RELEVANT THAT DISCOUNT MAY HAVE SENT A COPY OF ITS PROTEST TO THE CONTRACTING OFFICER WITHIN THE REQUIRED TIMEFRAME. OUR OFFICE MUST ISSUE A DECISION WITHIN 90 WORKING DAYS AFTER THE PROTEST IS FILED. 31 U.S.C.

B-222642.2, JUL 1, 1986

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - FILING PROTEST WITH AGENCY DIGEST: PROTEST PROPERLY WAS DISMISSED WHERE A COPY WAS NOT FILED WITH THE CONTRACTING AGENCY WITHIN 1 DAY AFTER FILING WITH THE GENERAL ACCOUNTING OFFICE.

DISCOUNT MACHINERY AND EQUIPMENT INC.-- REQUEST FOR RECONSIDERATION:

DISCOUNT MACHINERY AND EQUIPMENT INC. REQUESTS RECONSIDERATION OF OUR DISMISSAL OF ITS PROTEST CONCERNING SOLICITATION NO. 6-SQ-10-00200, ISSUED BY THE DEPARTMENT OF THE INTERIOR. DISCOUNT'S PROTEST WAS FILED WITH OUR OFFICE ON JUNE 6, 1986. ON JUNE 12, INTERIOR NOTIFIED US THAT IT HAD NOT RECEIVED A COPY OF THE PROTEST. WE DISMISSED THE PROTEST BECAUSE DISCOUNT DID NOT FURNISH A COPY OF IT TO THE CONTRACTING AGENCY WITHIN 1 WORKING DAY AFTER FILING (I.E., BY JUNE 9) AS REQUIRED BY OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.1(D) (1986).

DISCOUNT, IN ASKING THAT WE RECONSIDER THE DISMISSAL, ASSERTS THAT IT SENT A COPY OF THE PROTEST TO THE CONTRACTING OFFICER ON THE SAME DAY IT WAS FILED WITH THIS OFFICE, BUT THAT THE FIRM IS UNABLE TO VERIFY RECEIPT BY THE CONTRACTING AGENCY SINCE IT SENT THE COPY BY REGULAR MAIL.

WE AFFIRM THE DISMISSAL. IT IS NOT RELEVANT THAT DISCOUNT MAY HAVE SENT A COPY OF ITS PROTEST TO THE CONTRACTING OFFICER WITHIN THE REQUIRED TIMEFRAME, SINCE OUR REGULATIONS CLEARLY REQUIRE A PROTESTER TO ENSURE THAT THE CONTRACTING OFFICER ACTUALLY RECEIVES THE COPY WITHIN 1 DAY. BUILDING MAINTENANCE SPECIALISTS-- REQUEST FOR RECONSIDERATION, B-220967.2; B-220968.2, DEC. 5, 1985, 85-2 CPD PARA. 633. IN THIS RESPECT, THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA), 31 U.S.C. SEC. 3553 (SUPP. II 1984), AS IMPLEMENTED BY OUR REGULATIONS, 4 C.F.R. SEC. 21.3(D), IMPOSES ON CONTRACTING AGENCIES A STRICT TIME LIMIT OF 25 WORKING DAYS FROM TELEPHONIC NOTICE OF THE PROTEST FROM OUR OFFICE TO FILE A WRITTEN REPORT. ALSO, UNDER CICA, OUR OFFICE MUST ISSUE A DECISION WITHIN 90 WORKING DAYS AFTER THE PROTEST IS FILED. 31 U.S.C. SEC. 3554. GENERALLY DISMISS A PROTEST WHERE THE PROTESTER FAILS TO FILE A COPY WITH THE PROCURING AGENCY WITHIN THE REQUIRED TIME BECAUSE, OTHERWISE, THE AGENCY'S ABILITY TO COMPLY WITH THE STATUTORILY IMPOSED TIME LIMITATION FOR FILING A REPORT AND OUR ABILITY TO CONSIDER ALL OBJECTIONS TO PROCUREMENT ACTIONS IN A TIMELY MANNER ARE FRUSTRATED. SABIN METAL CORP.- - RECONSIDERATION, B-219171.2, JULY 24, 1985, 85-2 CPD PARA. 79