B-182055, SEP 5, 1974

B-182055, SEP 5, 1974

WHERE PROTEST IS RECEIVED IN GAO MORE THAN 5 WORKING DAYS AFTER PROTESTER WAS INFORMED OF ADVERSE AGENCY ACTION ON PROTEST FILED WITH AGENCY, PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED BY THIS OFFICE, NOTWITHSTANDING FACT THAT LATE FILING MAY HAVE BEEN CAUSED BY TIME REQUIRED TO MAIL LETTER FROM PROTESTER'S OFFICE (BEVERLY HILLS, CALIFORNIA) TO WASHINGTON, D.C. SINCE 4 C.F.R. 20.2(A) SPECIFICALLY CAUTIONS PROTESTERS TO TRANSMIT PROTESTS IN THE MANNER WHICH WILL ASSURE EARLIEST RECEIPT.

IN-TROL:

INVITATION FOR BIDS (IFB) N62269-74-B-0795 WAS ISSUED JUNE 6, 1974 BY THE NAVAL AIR DEVELOPMENT CENTER, WARMINSTER, PENNSYLVANIA FOR THE PURCHASE OF A 150 KW STANDBY DIESEL GENERATOR SET. FIVE BIDS WERE RETURNED AND ON JULY 10, 1974, THEY WERE OPENED. ACCORDING TO THE PROTESTER, IN-TROL, A DIVISION OF AUTOMATED SYSTEMS & EQUIPMENT ENGINEERING CORPORATION OF BEVERLY HILLS, CALIFORNIA, FOUR BIDDERS WERE NONRESPONSIVE, SOME TO THE DELIVERY REQUIREMENTS, WHILE IN-TROL'S BID, WHICH WAS THE HIGHEST, WAS FULLY RESPONSIVE TO THE SOLICITATION.

THE CONTRACTING OFFICER NOTIFIED IN-TROL BY LETTER DATED JULY 26, 1974, AND RECEIVED ON JULY 31, 1974, THAT IFB N62269-74-B-0795 WAS BEING CANCELLED AND A NEW SOLICITATION WOULD BE ISSUED WITH NEW DELIVERY REQUIREMENTS. WE HAVE BEEN INFORMED THAT ON THE DATE OF RECEIPT OF THIS LETTER, THE PROTESTER CALLED THE CONTRACTING OFFICER TO PROTEST SUCH ACTIONS.

THE NEW SOLICITATION, IFB N62269-75-B-0097, WAS ISSUED ON AUGUST 5, 1974, WITH AN EXTENDED TIME FOR DELIVERY. ON AUGUST 6, 1974, A REPRESENTATIVE OF IN-TROL TELEPHONED THE CONTRACTING OFFICER TO AGAIN PROTEST THE RESOLICITATION. THE CONTRACTING OFFICER STATED THAT BY EXTENSION OF THE DELIVERY TIME, THE GOVERNMENT MIGHT BE ABLE TO PURCHASE THE EQUIPMENT AT A LOWER PRICE. BY LETTER DATED AUGUST 8, 1974, AND RECEIVED IN THIS OFFICE ON AUGUST 19, 1974, IN-TROL PROTESTED THE CANCELLATION OF THE INITIAL SOLICITATION.

THE INTERIM BID PROTEST PROCEDURES AND STANDARDS OF OUR OFFICE, (SECTION 20.2(A) OF TITLE 4 OF THE CODE OF FEDERAL REGULATIONS) REQUIRE THAT IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO GAO MUST BE RECEIVED WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION. HERE IT APPEARS THAT THE TELEPHONE CALL ON JULY 31, 1974 BETWEEN A REPRESENTATIVE OF IN-TROL, MR. MICHAEL M. DENSON, AND THE CONTRACTING OFFICER, PERTAINING TO THE CONTRACTING OFFICER'S LETTER OF JULY 26, 1974, NOTIFYING BIDDERS OF THE CANCELLATION OF THE ORIGINAL IFB AND A RESOLICITATION WITH NEW DELIVERY REQUIREMENTS, CONSTITUTED THE FILING OF A PROTEST WITH THE AGENCY. THE ISSUANCE OF THE NEW SOLICITATION ON AUGUST 5, 1974, CONSTITUTED ADVERSE AGENCY ACTION. THE PROTESTER RECEIVED NOTIFICATION OF THIS ACTION BY AUGUST 6, 1974. THEREFORE, THE PROTEST WAS REQUIRED TO BE RECEIVED IN OUR OFFICE NOT LATER THAN AUGUST 13, 1974. THE PROTESTER'S LETTER, ALTHOUGH DATED AUGUST 8, 1974, WAS NOT RECEIVED HERE UNTIL AUGUST 19, 1974, AND IS THEREFORE UNTIMELY FILED, NOTWITHSTANDING THE FACT THAT THE LATE FILING MAY HAVE BEEN CAUSED IN PART BY THE DISTANCE INVOLVED IN SENDING A LETTER FROM CALIFORNIA TO WASHINGTON, D.C., SINCE 4 C.F.R. 20.2(A) SPECIFICALLY CAUTIONS PROTESTERS TO TRANSMIT PROTESTS IN THE MANNER WHICH WILL ASSURE EARLIEST RECEIPT. COMP. GEN. , B 180146, JANUARY 30, 1974.

FOR THE REASON NOTED ABOVE, THIS MATTER IS NOT PROPERLY FOR CONSIDERATION BY THE GENERAL ACCOUNTING OFFICE. ACCORDINGLY, WE ARE CLOSING OUR FILE ON THE MATTER WITHOUT CONSIDERATION OF THE MERITS OF THE PROTEST.