B-207347, SEP 8, 1982

B-207347: Sep 8, 1982

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DIGEST: PROTEST FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER PROTESTER LEARNS OF INITIAL ADVERSE AGENCY ACTION (AWARD TO ANOTHER) ON PROTEST TO AGENCY IS DISMISSED AS UNTIMELY. ADVERSE AGENCY ACTION IS DEFINED AS ANY ACTION OR INACTION WHICH IS PREJUDICIAL TO THE POSITION TAKEN IN A PROTEST FILED WITH AN AGENCY. STATEMENT THAT IT HAD ALREADY MADE AN AWARD WAS CLEARLY ADVERSE TO CRANE TECH'S POSITION. CRANE TECH'S PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED. THE PROTEST IS DISMISSED.

B-207347, SEP 8, 1982

DIGEST: PROTEST FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER PROTESTER LEARNS OF INITIAL ADVERSE AGENCY ACTION (AWARD TO ANOTHER) ON PROTEST TO AGENCY IS DISMISSED AS UNTIMELY.

CRANE TECHNICAL TRAINING & INSPECTION, INC.:

CRANE TECHNICAL TRAINING & INSPECTION, INC. (CRANE TECH), PROTESTS THE NAVY'S AWARD OF A CONTRACT TO CRANE INSPECTION & CERTIFICATION BUREAU, INC. (CRANE INSPECTION), ALLEGEDLY A LARGE BUSINESS, UNDER THE SMALL PURCHASE PROCEDURES OF DEFENSE ACQUISITION REGULATION (DAR) SEC. 3-203 (1976 ED.).

THE RECORD SHOWS THAT 1 MONTH AFTER THE NAVY AWARDED THE CONTRACT TO CRANE INSPECTION, THE PROTESTER, CRANE TECH, SENT A MAILGRAM, DATED MARCH 17, 1982, TO THE NAVY REQUESTING AN OPPORTUNITY TO BID THE REQUIREMENT. CRANE TECH REPORTS THAT IT VIEWED THE MAILGRAM AS A PROTEST. ON MARCH 19, 1982, THE CONTRACTING OFFICER TELEPHONED CRANE TECH AND ADVISED CRANE TECH OF THE AWARD TO CRANE INSPECTION. CRANE TECH FILED ITS PROTEST WITH OUR OFFICE ON MAY 3, 1982.

UNDER OUR BID PROTEST PROCEDURES, A PROTESTER HAS 10 WORKING DAYS AFTER INITIAL ADVERSE AGENCY ACTION ON ITS PROTEST FILED WITH THE CONTRACTING AGENCY TO FILE A PROTEST WITH OUR OFFICE. 4 C.F.R. SEC. 21.2(A) (1982). ADVERSE AGENCY ACTION IS DEFINED AS ANY ACTION OR INACTION WHICH IS PREJUDICIAL TO THE POSITION TAKEN IN A PROTEST FILED WITH AN AGENCY. C.F.R. SEC. 21.0(B) (1982). THE NAVY'S MARCH 19, 1982, STATEMENT THAT IT HAD ALREADY MADE AN AWARD WAS CLEARLY ADVERSE TO CRANE TECH'S POSITION. SEE SONO-TEK CORPORATION, B-192061, OCTOBER 20, 1978, 78-2 CPD 290. DID NOT RECEIVE CRANE TECH'S SUBSEQUENT PROTEST UNTIL MAY 3, 1982, WELL BEYOND THE 10-DAY TIME LIMIT OF 4 C.F.R. SEC. 21.2(A). THEREFORE, CRANE TECH'S PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED.

THE PROTEST IS DISMISSED.