[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.

Nov 14, 2018

Nov 9, 2018

Nov 8, 2018

Nov 7, 2018

  • CDO Technologies, Inc.
    We dismiss the protest because it is untimely where it was filed more than 10 days after CDO knew or reasonably should have known the bases for its protest.
    B-416989
  • Protection Strategies, Inc.
    We deny the protest.
    B-416635

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