Protest of Federal Bureau of Prisons Contract Award

B-205586: Dec 28, 1981

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A firm protested the award of a Federal Bureau of Prisons contract for the operation of a residential community treatment facility. The protester contended that the award of the contract was inconsistent with the evaluation criteria contained in the solicitation. The protester's bid had been determined not to be within a competitive range, and negotiations were not conducted with the firm. When the firm protested to the contracting officer, he concluded that discussions should have been held with it; however, the outcome of the award would probably have been the same. The firm then protested to GAO. However, GAO procedures require that any subsequent protest to its office must be filed within 10 working days of initial adverse agency action. Since the firm did not file its protest within that timeframe, its protest was dismissed as untimely.