Protest Alleging Agency Improperly Denied Award

B-206137: Feb 17, 1982

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A company protested the General Services Administration's (GSA) handling of two different solicitations. The record showed that GSA advised the protester that it was not a successful bidder on the first solicitation. At that time, the company protested the GSA evaluation of the bids directly to GSA and furnished GSA with the details of its protest. GSA wrote to the protester explaining why its bid on the first solicitation was properly rejected. The protester filed its protest with GAO approximately 3 weeks later. Under bid protest procedures, a protester has 10 working days after initial adverse agency action on its protest filed with the contracting agency to file a subsequent protest with GAO. GAO received the protest well beyond the 10-day time limit; therefore, the protest under the first solicitation was untimely and was not considered on its merits. The protest under the second solicitation was based on the protester's belief that GSA would improperly deny an award to it notwithstanding the Small Business Administration's issuance of a Certificate of Competency to the protester. A protest which merely anticipates improper agency action is speculative. Accordingly, the protest under the first solicitation was dismissed as untimely, and the protest under the second solicitation was dismissed as premature.