B-233358.2, Nov 28, 1988, 88-2 CPD 522

B-233358.2: Nov 28, 1988

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PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - Time/date notations - Establishment DIGEST: A protest is filed for purposes of General Accounting Office (GAO) timeliness rules when it is received at the GAO. We dismissed Kaneohe's protest because it was filed more than 10 working days after the basis for the protest was first known. Kaneohe states that it received notice that its bid was rejected on October 6. The fact that Kaneohe may have mailed its protest letter within the 10 day period is not relevant to the timeliness of the filing. Which is more than 10 working days after October 6. Since there is no evidence that we received the letter before the 10-day period expired.

B-233358.2, Nov 28, 1988, 88-2 CPD 522

PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - Time/date notations - Establishment DIGEST: A protest is filed for purposes of General Accounting Office (GAO) timeliness rules when it is received at the GAO. The time/date stamp establishes the time of receipt absent other evidence to show actual earlier receipt.

Kaneohe General Services-- Request for Reconsideration:

Kaneohe General Services requests that we reconsider our November 3, 1988 dismissal, as untimely, of the firm's protest concerning the rejection of its bid under invitation for bids (IFB) No. N62755-88-B-2811 issued by the Naval Facilities Engineering Command. We dismissed Kaneohe's protest because it was filed more than 10 working days after the basis for the protest was first known.

Kaneohe requests that we reconsider our dismissal on the ground that it mailed its protest within the 10-day time limit. Specifically, Kaneohe states that it received notice that its bid was rejected on October 6, and it mailed a protest letter to General Accounting Office (GAO) on the same day.

The term "filed" as defined in our Bid Protest Regulations means receipt of the protest in GAO. 4 C.F.R. Sec. 21.0(g) (1988). Thus, the fact that Kaneohe may have mailed its protest letter within the 10 day period is not relevant to the timeliness of the filing. Moreover, the GAO time/date stamp establishes the time we receive protest material absent other evidence to show actual earlier receipt. Ogden Allied Services Corp.-- Reconsideration, B-224692.2, Oct. 20, 1986, 86-2 CPD Para. 471. Our time/date stamp shows receipt of Kaneohe's protest letter on October 26, which is more than 10 working days after October 6, the date Kaneohe received the information on which it based the protest. Since there is no evidence that we received the letter before the 10-day period expired, the protest was properly dismissed as untimely.

The dismissal is affirmed.