B-233725, Dec 12, 1988, 88-2 CPD 586
Highlights
Filed more than 10 working days after receipt of rejection notice from contracting officer is untimely. Bid opening was September 29. The Army notified VMC that its bid was rejected for being late. Our Bid Protest Regulations require that a protest of other than an apparent solicitation impropriety be filed within 10 working days after the basis of the protest is known or should have been known. Whichever is earlier. 4 C.F.R. We assume that mail is received within 1- calendar week from the date it was sent. More than a month after it was aware of the basis for its protest. Is therefore untimely. The protest is dismissed.
B-233725, Dec 12, 1988, 88-2 CPD 586
PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - 10 day rule DIGEST: Protest of rejection of bid as late, filed more than 10 working days after receipt of rejection notice from contracting officer is untimely.
Vehicle Modification Company:
Vehicle Modification Company (VMC) protests the rejection of its bid as late under invitation for bids (IFB) No. DAAA03-88-R-0036 issued by the Pine Bluff Arsenal, Department of the Army, for two mobile laboratories.
We dismiss VMC's protest.
Bid opening was September 29, 1988. By letter dated October 18, 1988, the Army notified VMC that its bid was rejected for being late. November 29, VMC filed its protest of the Army's rejection here.
Our Bid Protest Regulations require that a protest of other than an apparent solicitation impropriety be filed within 10 working days after the basis of the protest is known or should have been known, whichever is earlier. 4 C.F.R. Sec. 21.2(a)(2) (1988); A-Supply Line, Inc., B-230922, Apr. 8, 1988, 88-1 CPD Para. 354. VMC had notice of the rejection of its bid when it received the Army's letter dated October 18. In the absence of evidence to the contrary, we assume that mail is received within 1- calendar week from the date it was sent. Republic Maintenance of Kentucky, Inc., B-231123, June 2, 1988, 88-1 CPD Para. 524. VMC's protest to GAO, filed November 29, more than a month after it was aware of the basis for its protest, is therefore untimely.
The protest is dismissed.