[Protest of Any Contract Award Under Navy IFB]

B-212241: Dec 12, 1983

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A firm protested any contract award under a Navy invitation for bids (IFB), contending that there were improprieties in the solicitation specifications. The IFB was the second step of a two-step, formally advertised procurement of diesel electric power generators. The protester contended that the issue of defective specifications was initially presented to the Navy prior to second-step bid opening and constituted a timely agency protest. Subsequently, the protester submitted a second protest with the contracting officer after learning that there would be no change in the first-step specifications. A protest was filed with GAO on the 10th day after the agency's denial of the second protest. GAO held that the protests were untimely, on the bases that: (1) protests concerning defects in the first-step request for technical proposals should have been filed before the first-step closing date; (2) receipt by the protester of the second-step solicitation without further amendment constituted notice of an adverse agency action to a protest, and the tolling period began upon such receipt; and (3) a protest that was untimely filed with an agency would also be considered untimely when submitted to GAO. Accordingly, the protest was dismissed.