Untimely Protest of Contract Award

B-202391: Mar 23, 1981

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A firm protested the award of a contract under a solicitation issued by the Defense Logistics Agency (DLA). In its protest, the firm contended that: (1) it had the facilities and staff to perform the contract, (2) its bid was lower than the awardee's bid, and (3) the awardee was not a small business. The record showed that the award was made but was soon canceled when the low bidder could not perform as required, and the contract was then awarded to another firm. Thereafter, the protester filed a protest with DLA. DLA, however, denied the protest stating that only the awardee had facilities for processing hazardous materials. Approximately 1 month later, the firm protested the agency's determination to the Armed Services Board of Contract Appeals which subsequently forwarded the protest to GAO. GAO held that the protest was untimely and not for consideration since the protester knew the basis for its protest when it received notification from DLA that its initial protest had been denied and the corresponding reason for the denial, and since the protest was filed with GAO more than 10 days after the agency's initial adverse action. Accordingly, the protest was dismissed.

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