B-197061, DEC 31, 1979

B-197061: Dec 31, 1979

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DIGEST: PROTEST FILED IN GAO MORE THAN 10 WORKING DAYS AFTER NOTIFICATION OF INITIAL ADVERSE ACTION ON PROTEST FILED WITH CONTRACTING AGENCY IS UNTIMELY AND WILL NOT BE CONSIDERED ON MERITS. AFTER BEING ADVISED BY THAT AGENCY THAT THE FIRM'S "PROPOSALS AND PRICE WERE SUBSTANTIALLY INCONSISTENT WITH" THE MERCHANT MARINE ACADEMY'S REQUIREMENTS. THE PROTEST TO OUR OFFICE WAS NOT FILED UNTIL DECEMBER 3. IT IS APPARENT FROM THE ABOVE THAT JRT&T'S PROTEST TO OUR OFFICE WAS NOT FILED WITHIN THAT PERIOD. THE PROTEST IS DISMISSED.

B-197061, DEC 31, 1979

DIGEST: PROTEST FILED IN GAO MORE THAN 10 WORKING DAYS AFTER NOTIFICATION OF INITIAL ADVERSE ACTION ON PROTEST FILED WITH CONTRACTING AGENCY IS UNTIMELY AND WILL NOT BE CONSIDERED ON MERITS.

JRT&T ASSOCIATES:

JRT&T ASSOCIATES (JRT&T) PROTESTS THE TERMINATION BY THE MARITIME ADMINISTRATION, U. S. DEPARTMENT OF COMMERCE, OF NEGOTIATIONS WITH RESPECT TO THE PROPOSED AWARD OF A CONTRACT FOR ARCHITECT-ENGINEER SERVICES AT THE MERCHANT MARINE ACADEMY.

THE RECORD INDICATES THAT JRT&T FILED A PROTEST ON THE MATTER WITH THE MARITIME ADMINISTRATION ON AUGUST 22, 1979, AFTER BEING ADVISED BY THAT AGENCY THAT THE FIRM'S "PROPOSALS AND PRICE WERE SUBSTANTIALLY INCONSISTENT WITH" THE MERCHANT MARINE ACADEMY'S REQUIREMENTS. ALTHOUGH THE MARITIME ADMINISTRATION RESPONDED TO THE PROTEST BY LETTER OF OCTOBER 17, WHICH INCLUDED A DETAILED EXPLANATION OF ITS POSITION, THE PROTEST TO OUR OFFICE WAS NOT FILED UNTIL DECEMBER 3. SECTION 20.2(A) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1979), REQUIRES THAT IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO OUR OFFICE MUST BE FILED WITHIN 10 WORKING DAYS AFTER NOTIFICATION OF SUCH INITIAL ADVERSE AGENCY ACTION. IT IS APPARENT FROM THE ABOVE THAT JRT&T'S PROTEST TO OUR OFFICE WAS NOT FILED WITHIN THAT PERIOD. ANDERSON JACOBSON, INC., B-195533, AUGUST 22, 1979, 79-2 CPD 146.

THE PROTEST IS DISMISSED.