B-182318, NOV 21, 1974
Highlights
SINCE PROTESTER WAS INFORMED OF THE AWARD THROUGH NOTICE IN COMMERCE BUSINESS DAILY OF AUGUST 27. PROTEST AGAINST SUCH AWARD IS UNTIMELY UNDER SEC. 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH PROVIDES THAT "BID PROTESTS SHALL BE FILED NOT LATER THAN 5 WORKING DAYS AFTER BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER.". SYNOPSES OF CONTRACT AWARDS ARE REQUIRED TO BE PREPARED AND FORWARDED FOR PUBLICATION ON A DAILY BASIS. OVER 30 DAYS AFTER NOTICE OF THE AWARD WAS PUBLISHED. SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS PROVIDES IN PART THAT "BID PROTESTS SHALL BE FILED NOT LATER THAN 5 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN.
B-182318, NOV 21, 1974
SINCE PROTESTER WAS INFORMED OF THE AWARD THROUGH NOTICE IN COMMERCE BUSINESS DAILY OF AUGUST 27, 1974, AND DID NOT PROTEST TO THIS OFFICE UNTIL SEPTEMBER 30, 1974, PROTEST AGAINST SUCH AWARD IS UNTIMELY UNDER SEC. 20.2(A) OF INTERIM BID PROTEST PROCEDURES AND STANDARDS WHICH PROVIDES THAT "BID PROTESTS SHALL BE FILED NOT LATER THAN 5 WORKING DAYS AFTER BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER."
DEL NORTE TECHNOLOGY, INC.:
DEL NORTE TECHNOLOGY, INCORPORATED (DEL NORTE) PROTESTS AGAINST THE SOLE SOURCE AWARD ON JULY 23, 1974, OF CONTRACT NO. N00406-75-C-2072 TO MOTOROLA, INCORPORATED, BY THE NAVAL SUPPLY CENTER, PUGET SOUND, BREMERTON, WASHINGTON. DEL NORTE LEARNED OF THE AWARD FROM AN ITEM IN THE AUGUST 27, 1974, ISSUE OF THE COMMERCE BUSINESS DAILY AND RECOGNIZED THE PROCUREMENT AS SOLE SOURCE.
ARMED SERVICES PROCUREMENT REGULATION (ASPR) SEC. 1-1005.1(A) (1974 ED.) REQUIRES THAT AWARDS OF ALL UNCLASSIFIED CONTRACTS TO BE PERFORMED IN WHOLE OR IN PART WITHIN THE UNITED STATES, EXCEEDING $25,000 IN AMOUNT, BE PUBLISHED IN THE COMMERCE BUSINESS DAILY "SYNOPSIS OF U.S. GOVERNMENT PROPOSED PROCUREMENT, SALES AND CONTRACT AWARDS." FURTHERMORE, SYNOPSES OF CONTRACT AWARDS ARE REQUIRED TO BE PREPARED AND FORWARDED FOR PUBLICATION ON A DAILY BASIS. ASPR SEC. 1 1005.1(B) (1974 ED.).
ALTHOUGH DEL NORTE LEARNED OF THE AWARD THROUGH THE ITEM IN THE AUGUST 27, 1974, ISSUE OF THE COMMERCE BUSINESS DAILY, IT DID NOT FILE THE PROTEST UNTIL SEPTEMBER 30, 1974, OVER 30 DAYS AFTER NOTICE OF THE AWARD WAS PUBLISHED.
SECTION 20.2(A) OF OUR INTERIM BID PROTEST PROCEDURES AND STANDARDS PROVIDES IN PART THAT "BID PROTESTS SHALL BE FILED NOT LATER THAN 5 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER." ACCORDINGLY, WE CONCLUDE THAT THE PROTEST IS UNTIMELY AND WE ARE CLOSING OUR FILE WITHOUT FURTHER ACTION.