B-209368, NOV 22, 1982

B-209368, NOV 22, 1982

DIGEST: PROTEST AGAINST CANCELLATION OF SOLICITATION FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER CONTRACTING AGENCY'S INITIAL ADVERSE ACTION ON PROTEST IS UNTIMELY. SEE 4 C.F.R. SEC. 21.2(A) (1982).

TRAVEL CORPORATION OF AMERICA:

TRAVEL CORPORATION OF AMERICA (TCA) PROTESTS THE CANCELLATION OF REQUEST FOR PROPOSALS (RFP) NO. WASO-82-16, ISSUED BY THE DEPARTMENT OF THE INTERIOR (INTERIOR), NATIONAL PARK SERVICE, FOR A NATIONWIDE ACCOMMODATIONS RESERVATIONS SYSTEM. AFTER ANALYZING ALL THE PROPOSALS SUBMITTED, THE CONTRACTING OFFICER CANCELED THE RFP, STATING THAT NONE OF THE PROPOSALS MET THE REQUIREMENTS SOUGHT BY THE NATIONAL PARK SERVICE. INTERIOR ADVISED TCA OF THE REASONS FOR THE CANCELLATION BY LETTER DATED AUGUST 6, 1982. TCA FILED ITS PROTEST IN OUR OFFICE ON OCTOBER 5, 1982.

TCA WROTE TO INTERIOR ON AUGUST 10 AND 12, OBJECTING TO THE CANCELLATION AND REQUESTING A DEBRIEFING. BY LETTER DATED AUGUST 31, 1982, THE CONTRACTING OFFICER DENIED THE DEBRIEFING REQUEST AND AFFIRMED THE REASONS FOR CANCELLATION STATED IN THE AUGUST 6 LETTER. THE SUBSEQUENT PROTEST TO GAO WAS UNTIMELY FILED. SECTION 21.2(A) OF OUR BID PROTEST PROCEDURES REQUIRES THAT WHERE A PROTEST HAS BEEN FILED INITIALLY WITH THE PROCURING AGENCY, ANY SUBSEQUENT PROTEST TO OUR OFFICE MUST BE FILED WITHIN 10 WORKING DAYS AFTER THE PROTESTER RECEIVES NOTICE OF THE PROCURING AGENCY'S INITIAL ADVERSE ACTION. 4 C.F.R. SEC. 21.2(A) (1982). GERALD LAIRD, B-204382.4, NOVEMBER 23, 1981, 81-2 CPD 418. TCA RECEIVED NOTICE OF INTERIOR'S AFFIRMATION OF THE CANCELLATION UPON RECEIPT OF INTERIOR'S AUGUST 31 LETTER. WHILE WE DO NOT KNOW THE EXACT DATE OF RECEIPT OF THE LETTER, IT IS REASONABLE TO ASSUME THAT IT WAS RECEIVED WITHIN 1 CALENDAR WEEK. THEREFORE, THE PROTEST FILED WITH OUR OFFICE ON OCTOBER 5 IS CLEARLY UNTIMELY.

THE PROTEST IS DISMISSED.