B-194862, JUN 6, 1979

B-194862: Jun 6, 1979

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DIGEST: PROTEST FILED MORE THAN 10 DAYS AFTER BASIS FOR PROTEST WAS KNOWN (NOTICE OF AWARD) IS UNTIMELY UNDER SEC. 20.2(B)(2) OF GAO'S BID PROTEST PROCEDURES. MIDWEST CONTENDS THAT ADEQUATE TIME WAS NOT ALLOWED TO RESPOND TO SPECIFIC QUESTIONS CONCERNING THE RFP. WE HAVE BEEN INFORMED BY THE ARMY THAT THE TELEGRAM WAS A REQUEST FOR BEST AND FINAL OFFERS. PROVIDES THAT "PROTESTS SHALL BE FILED NOT LATER THAN 10 (WORKING) DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER.". MORE THAN 10 DAYS AFTER THE BASIS OF THE PROTEST WAS KNOWN (APRIL 6 NOTICE OF AWARD) THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION BY OUR OFFICE. THE PROTEST IS DISMISSED.

B-194862, JUN 6, 1979

DIGEST: PROTEST FILED MORE THAN 10 DAYS AFTER BASIS FOR PROTEST WAS KNOWN (NOTICE OF AWARD) IS UNTIMELY UNDER SEC. 20.2(B)(2) OF GAO'S BID PROTEST PROCEDURES.

MIDWEST TELECOMMUNICATIONS:

MIDWEST TELECOMMUNICATIONS (MIDWEST) PROTESTS THE AWARD OF A CONTRACT BY THE DEPARTMENT OF THE ARMY, SACRAMENTO ARMY DEPOT, SACRAMENTO, CALIFORNIA, UNDER REQUEST FOR PROPOSALS NO. DAAG08-79-R 0147.

MIDWEST CONTENDS THAT ADEQUATE TIME WAS NOT ALLOWED TO RESPOND TO SPECIFIC QUESTIONS CONCERNING THE RFP. MIDWEST SPECIFICALLY REFERS TO A TELEGRAM DATED APRIL 5, 1979, WHICH ALLEGEDLY REQUESTED A RESPONSE BEFORE THE TELEGRAM HAD BEEN SENT.

WE HAVE BEEN INFORMED BY THE ARMY THAT THE TELEGRAM WAS A REQUEST FOR BEST AND FINAL OFFERS. THE ARMY AWARDED THE CONTRACT ON APRIL 6, 1979, AND SENT A NOTICE OF AWARD TO MIDWEST ON THE SAME DATE. MIDWEST FILED ITS PROTEST WITH OUR OFFICE ON MAY 15, 1979.

SECTION 20.2(B)(2) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1978), PROVIDES THAT "PROTESTS SHALL BE FILED NOT LATER THAN 10 (WORKING) DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER."

SINCE MIDWEST DID NOT FILE ITS PROTEST WITH EITHER THE AGENCY OR OUR OFFICE UNTIL MAY 15, MORE THAN 10 DAYS AFTER THE BASIS OF THE PROTEST WAS KNOWN (APRIL 6 NOTICE OF AWARD) THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION BY OUR OFFICE.

THEREFORE, THE PROTEST IS DISMISSED.