Protest of Resolicitation Is Untimely Filed

B-203473.2: Dec 29, 1981

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A firm protested the cancellation of an invitation for bids (IFB) by the Federal Communications Commission. The record showed that approximately 1 month after GAO had recommended cancellation of the solicitation, a letter was received by GAO from the protester objecting to the cancellation of the IFB and its resolicitation. Specifically, the protester contended that its affiliate was the low bidder and would meet or exceed all requirements of the original solicitation, its protest was timely, and the best interests of the Government would not be served by resolicitation of the IFB. GAO held that, under bid protest procedures, the protester was obligated to file its protest not later than 10 working days after the basis for the protest was known or should have been known. Since the protest was not received by GAO until almost 1 month after the protester knew of the IFB cancellation, the protest was untimely and was dismissed.