Untimely Protest of Army Contract Award

B-199600: Aug 25, 1980

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A company protested the award of a contract for hospital sterilizer equipment by the Department of the Army. The initial protest was denied by the Army; and under GAO Bid Protest Procedures, any subsequent protest to GAO must be filed within 10 days of initial adverse agency action. Because the firm did not file a protest within 10 days, the protest was ruled untimely. An untimely protest will be considered if it is sent by registered or certified mail not later than five days prior to the final date for filing the protest. Although the firm sent its protest by registered mail, it was not filed within the required time limit. Therefore, the protest was not for consideration under the registered mail exception, and the protest was dismissed.