Protest Involving Proposal Rejection

B-200179: Oct 9, 1980

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A firm protested an agency's decision to reject its proposal, claiming that the awardee's proposal did not conform to key provisions of the request for proposals. The agency contended that the protest was untimely. After the award of the contract the protester received several debriefing conferences. Failing to receive satisfaction from these meetings, the firm filed a protest with GAO. The protester's first contention concerned the propriety of the agency's conclusion that its proposal contained four areas of weakness. Since the protester did not file its protest with GAO until long after it was made aware of these weaknesses, this part of the protest was untimely. The protester's second contention that the awardee's proposal did not conform to key provisions of the request for proposals was not filed within 10 working days after it became aware of the basis for protest. The fact that the protester continued to pursue a resolution of its protest with the agency does not toll the period for filing, as prescribed in bid protest procedures. Thus, this portion of the protest was also dismissed as untimely.