B-241660, Oct 31, 1990, 90-2 CPD ***

B-241660: Oct 31, 1990

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Protest of cancellation of portion of solicitation is untimely where filed more than 10 days after protester learned of cancellation. Protest of agency's treatment of protester during procurement is academic where agency canceled the only portion of requirement for which protester was competing. The RFP requirement was broken down into five lots. As Prime's proposal was limited to the canceled Lot V requirement. Reiterating its agency level protest and alleging that the Navy did not have a reasonable basis for canceling Lot V. Our Bid Protest Regulations require that protests be filed not later than 10 days after the basis for protest is known or should have been known. The protest in this regard therefore is untimely.

B-241660, Oct 31, 1990, 90-2 CPD ***

PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - 10 day rule DIGEST: 1. Protest of cancellation of portion of solicitation is untimely where filed more than 10 days after protester learned of cancellation. PROCUREMENT - Bid Protests - Moot allegation - GAO review 2. Protest of agency's treatment of protester during procurement is academic where agency canceled the only portion of requirement for which protester was competing.

Attorneys

Prime Computer, Inc.:

Prime Computer, Inc. protests the denial of an agency-level protest and cancellation of a requirement under request for proposals (RFP) No. N00140-90-R-0035, issued by the Department of the Navy, for preventive and remedial maintenance of automatic data processing equipment.

We dismiss the protest.

The RFP requirement was broken down into five lots. On July 19, 1990, Prime submitted a proposal limited to Lot V. On August 24, the Navy issued an amendment to the RFP canceling the Lot V requirement. As Prime's proposal was limited to the canceled Lot V requirement, the Navy eliminated it from the competitive range. Prime claims it never received the amendment or any notification concerning the rejection of its proposal. Prime learned of the cancellation on September 6, when it contacted the contracting officer to check on the status of the procurement. On September 19, Prime filed an agency-level protest alleging that the Navy improperly failed to notify Prime of the change in requirements and of Prime's subsequent elimination from the competitive range, and that the Navy had failed to treat all offerors equally. The Navy denied the protest on September 28. Prime filed this protest with our Office on October 12, reiterating its agency level protest and alleging that the Navy did not have a reasonable basis for canceling Lot V.

Our Bid Protest Regulations require that protests be filed not later than 10 days after the basis for protest is known or should have been known. C.F.R. Sec. 21.2(a)(2) (1990). Prime learned that the Lot V requirement had been canceled on September 6, but did not challenge the cancellation until October 12, when it filed its protest with our Office. The protest in this regard therefore is untimely. Nationwide HealthSearch, B-230130; B-230130.2, May 13, 1988, 88-1 CPD Para. 454.

Since the requirement for which Prime was competing has been canceled, the remainder of Prime's protest concerning equal treatment of offerors is academic. See id.

The protest is dismissed.