Protest Against Cancellation of RFP

B-195945.3: Apr 28, 1980

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A firm protested the cancellation of a request for proposals (RFP) by the Defense Logistics Agency (DLA). The RFP was canceled because the General Services Administration (GSA) had awarded a mandatory requirements contract for the disk storage subsystem to be procured under the canceled RFP. The protester contended that DLA canceled the RFP without recognizing that the GSA contract was not mandatory in the DLA situation and that DLA could obtain better economic terms by continuing with the competitive procurement rather than by ordering under the GSA contract. The protest was held to be untimely because it was apparent from a separate action filed by the protester and from an informal conference that the protester had possession of the pertinent portions of the GSA contract some time before March 10, 1980, but did not file the protest until March 28, 1980. Protests must be filed within 10 working days of the date that the basis of protest is known or should have been known. Accordingly, the protest was not considered on its merits.