Matter of: Southern Business Systems, Inc. File: B-249665 Date: November 20, 1992

B-249665: Nov 20, 1992

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PROCUREMENT Bid Protests GAO procedures Protest timeliness 10-day rule Protest is dismissed as untimely where record shows that protester was orally informed of basis of protest more than 10 working days prior to filing its bid protest at the General Accounting Office. The acquisition was synopsized in the Commerce Business Daily on May 29. He was told during this conversation that the FAA would only consider bids from manufacturers of the file systems and not dealers (such as Southern). Protests must be filed in our Office within 10 working days after the basis of protest is known or should be known. 4 C.F.R. The protester is charged with knowledge of its basis of protest. It is the agency's alleged refusal to furnish the IFB that Southern is protesting.

Matter of: Southern Business Systems, Inc. File: B-249665 Date: November 20, 1992

PROCUREMENT Bid Protests GAO procedures Protest timeliness 10-day rule Protest is dismissed as untimely where record shows that protester was orally informed of basis of protest more than 10 working days prior to filing its bid protest at the General Accounting Office.

Attorneys

DECISION Southern Business Systems, Inc. protests the alleged refusal of the Federal Aviation Administration (FAA) to provide it with a copy of invitation for bids (IFB) No. DTFA06-92-B 50075, for a quantity of powered floor-type rotary files. Southern argues that the FAA's actions resulted in the firm's exclusion from the competition.

We dismiss the protest as untimely.

The acquisition was synopsized in the Commerce Business Daily on May 29, 1992. Both before and after the issuance of the synopsis, a number of telephonic contacts occurred between a representative of Southern and FAA officials, apparently in an attempt by Southern to obtain a copy of the solicitation materials. The record shows that one of these conversations took place on June 10 between Southern's representative and an FAA contracting official. According to Southern's representative, he was told during this conversation that the FAA would only consider bids from manufacturers of the file systems and not dealers (such as Southern), and that the firm thus would not be furnished a copy of the solicitation. Bid opening took place on July 22; Southern did not submit a bid. On July 31, the agency made award to the low, responsive, responsible bidder. On August 3, Southern filed this protest with our Office. Under our Bid Protest Regulations, protests must be filed in our Office within 10 working days after the basis of protest is known or should be known. 4 C.F.R. Sec. 21.2(a)(2) (1992). Where a protester has been orally advised that the agency intends to take action adverse to its interests, the protester is charged with knowledge of its basis of protest, and may not await the agency's implementation of its intended action. Adrian Supply Co.--Recon., B-242819.3, July 17, 1991, 91-2 CPD Para. 64, aff'd., Adrian Supply Co. Recon., B-242819.4; B-242819.5, Oct. 9, 1991, 91-2 CPD Para. 321, aff'd., Adrian Supply Co.--Recon. and Protest, B-242819.6 et al., Apr. 9, 1992, 92-1 CPD Para. 356; MIDDCO, Inc., B-235587, Sept. 6, 1989, 89-2 CPD Para. 216, aff'd., MIDDCO Inc.--Recon., B-235587.2, Oct. 31, 1989, 89-2 CPD Para. 402.

Here, the record shows that Southern knew of its basis of protest no later than June 10. In this regard, Southern has submitted an affidavit from its representative stating that during a June 10 telephone conversation with an agency official he expressly requested that Southern be provided a copy of the IFB, and that the agency official "specifically refused to provide [Southern] with a copy of the bid package." The representative further states that Southern's representative made additional inquiries at the contracting office which went "unanswered."

It is the agency's alleged refusal to furnish the IFB that Southern is protesting, and given that it is clear that the firm knew of this alleged refusal no later than June 10, Southern's protest on this ground had to be filed no later than June 24. Since Southern's protest was not filed in our Office until August 3, some 37 working days after the firm became aware of its basis for protest, it is untimely and will not be considered.

The protest is dismissed.