B-245405.2, October 2, 1991

B-245405.2: Oct 2, 1991

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DIGEST: Protest that agency improperly rejected protester's bid because it was unreasonable in price is dismissed as untimely when not filed within 10 working days after the protester received notice of the reason that the bid was rejected. VA determined that both bids were unreasonable as to price and rejected both bids. VA sent Novo Nordisk a letter informing the firm that its bid was rejected because the price was unreasonable. Protests not based upon alleged improprieties in a solicitation must be filed no later than 10 working days after the protester knew or should have known of the basis for protest. 4 C.F.R. 1 week after it was sent. The firm was required to file its protest no later than July 9.

B-245405.2, October 2, 1991

DIGEST: Protest that agency improperly rejected protester's bid because it was unreasonable in price is dismissed as untimely when not filed within 10 working days after the protester received notice of the reason that the bid was rejected.

Attorneys

Novo Nordisk Pharmaceuticals, Inc.:

Novo Nordisk Pharmaceuticals, Inc. protests the rejection of the bid it submitted in response to invitation for bids (IFB) No. M5-90-91, issued by the Department of Veteran Affairs (VA) for human insulin.

We dismiss the protest as untimely.

Two bidders, including Novo Nordisk, responded to the IFB on May 28, 1991, the bid opening date. After reviewing the bids, VA determined that both bids were unreasonable as to price and rejected both bids. On June 17, VA sent Novo Nordisk a letter informing the firm that its bid was rejected because the price was unreasonable. Novo Nordisk submitted its protest against this decision to our Office on September 18.

Under our Bid Protest Regulations, protests not based upon alleged improprieties in a solicitation must be filed no later than 10 working days after the protester knew or should have known of the basis for protest. 4 C.F.R. Sec. 21.2(a)(2) (1991). Here, Novo Nordisk learned of its basis for protest when it received VA's June 17 letter. Assuming Novo Nordisk received the letter on June 24, 1 week after it was sent, the firm was required to file its protest no later than July 9, 10 working days later. Since Novo Nordisk did not file its protest until September 18, it is untimely and will not be considered.

The protest is dismissed.