B-231080, May 4, 1988, 88-1 CPD 440

B-231080: May 4, 1988

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

Protester's belief that 15 days meant 15 working days rather than 15 calendar days is unreasonable. "as is customary in government contracting. " and notes that our regulations require a protest to be filed within 10 working days after the protest basis is known. Defining days only as working days is not a standard practice in government contracting. The solicitation itself contained two deadlines in terms of calendar days and several of the contract clauses included in the solicitation are based on calendar. There is no indication that GSA intended anything other than calendar days when it set a deadline for VRC to submit the requested information. That all days referred to are defined as working days of the federal government.

B-231080, May 4, 1988, 88-1 CPD 440

PROCUREMENT - Competitive Negotiation - Offers - Submission time periods - Additional information DIGEST: An agency properly rejected a protester's offer when the protester failed to submit information requested within 15 days, as required by the agency. Protester's belief that 15 days meant 15 working days rather than 15 calendar days is unreasonable.

The Victor Rome Company:

The Victor Rome Company (VRC) protests the rejection of its offer by the General Services Administration (GSA) under solicitation No. FCNH A4-2040- N, for window treatments.

After reviewing vRC's offer, GSA requested VRC to submit information which VRC had not included in its offer. When VRC's response did not include all of the requested information, GSA advised VRC by letter dated March 16, 1988 that the required information must be received by GSA no later than 15 days from the date of the letter. The letter also stated that vRC's offer could not be considered if VRC failed to submit the information within the time requested. VRC asserts that it responded to GSA's request on April 1, the sixteenth day after the date of GSA's letter. As a result, before GSA received VRC's response, GSA informed vRC by letter dated April 4 that since GSA had not received the requested information within the 15 day period GSA would not consider VRC's offer.

VRC argues that the 15-day period refers to working days, not calendar days, "as is customary in government contracting," and notes that our regulations require a protest to be filed within 10 working days after the protest basis is known.

We disagree with VRC's basic premise. In other words, defining days only as working days is not a standard practice in government contracting. For example, ordinarily the word "day," when used in the law, means a calendar day. 86 C.J.S. Time Sec. 12 (1955). In this connection, the solicitation itself contained two deadlines in terms of calendar days and several of the contract clauses included in the solicitation are based on calendar, not working, days of the federal government. There is no indication that GSA intended anything other than calendar days when it set a deadline for VRC to submit the requested information.

Moreover, while our Bid Protest Regulations, 4 C.F.R. Sec. 21.0(e) (1988), do state, as VRC notes, that all days referred to are defined as working days of the federal government, that modification to the usual meaning of "days" was necessary because days are ordinarily taken to mean calendar days. Thus, VRC's reliance on the definition in our Bid Protest Regulations is inappropriate.

Accordingly, vRC's belief that it had 15 working days rather than 15 calendar days to submit the requested information is not well-founded, and since vRC did not respond to GSA within 15 calendar days, the agency did not act improperly in rejecting vRC's offer at that point.

The protest is dismissed.

Sep 27, 2016

Sep 22, 2016

Sep 21, 2016

Sep 20, 2016

Looking for more? Browse all our products here