[Protest of Navy Contract Award]

B-209964: Dec 22, 1982

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A firm protested the award of a maintenance contract on the ground that the awardee's bid was nonresponsive to a specification in an amendment to the solicitation. A protest was also filed with the agency; that protest was denied and an appeal was still pending with the agency. GAO held that, if a protest is initially filed with the contracting agency, any subsequent protest to GAO must be filed within 10 working days of the protester's learning of the initial adverse agency action. A protester's appeal of the protest with the agency does not extend the time necessary for filing a protest with GAO. Since this protest was not filed with GAO within the required timeframe, it was untimely and not for consideration on its merits. Accordingly, the protest was dismissed.