B-194334.2, MAY 9, 1979
Highlights
DIGEST: PROTEST FILED MORE THAN 10 DAYS AFTER BASIS FOR PROTEST WAS KNOWN (NOTIFICATION OF NONRESPONSIVE BID) IS UNTIMELY UNDER SEC. 20.2(B) OF GAO'S BID PROTEST PROCEDURES. THAT ITS BID WAS NONRESPONSIVE BECAUSE OF A DEFECT IN THE SAMPLE BELT SUBMITTED WITH CHEVRON'S BID. CHEVRON CONTENDS THAT THE SUBJECT BELT WAS THE IDENTICAL BELT THAT HAD BEEN PREVIOUSLY EXAMINED AND FOUND ACCEPTABLE BY THE MARINE CORPS. 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 (LETTER DATED MARCH 1). THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION BY OUR OFFICE.
B-194334.2, MAY 9, 1979
DIGEST: PROTEST FILED MORE THAN 10 DAYS AFTER BASIS FOR PROTEST WAS KNOWN (NOTIFICATION OF NONRESPONSIVE BID) IS UNTIMELY UNDER SEC. 20.2(B) OF GAO'S BID PROTEST PROCEDURES.
THE CHEVRON:
THE CHEVRON PROTESTS THE AWARD OF A CONTRACT BY THE UNITED STATES MARINE CORPS TO THE SMITH AND WESSON LEATHER COMPANY UNDER SOLICITATION NO. IFM B00027-79-0010 FOR POLICE UNIFORM LEATHER ITEMS.
THE MARINE CORPS NOTIFIED CHEVRON, BY LETTER DATED MARCH 1, 1979, THAT ITS BID WAS NONRESPONSIVE BECAUSE OF A DEFECT IN THE SAMPLE BELT SUBMITTED WITH CHEVRON'S BID. CHEVRON CONTENDS THAT THE SUBJECT BELT WAS THE IDENTICAL BELT THAT HAD BEEN PREVIOUSLY EXAMINED AND FOUND ACCEPTABLE BY THE MARINE CORPS. CHEVRON FILED ITS PROTEST WITH OUR OFFICE ON APRIL 13, 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 CHEVRON DID NOT FILE ITS PROTEST WITH OUR OFFICE UNTIL APRIL 13, MORE THAN 10 DAYS AFTER THE BASIS OF THE PROTEST WAS KNOWN (LETTER DATED MARCH 1), THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION BY OUR OFFICE.
THEREFORE, THE PROTEST IS DISMISSED.