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B-217428, JAN 16, 1985, 85-1 CPD 45

B-217428 Jan 16, 1985
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PROTEST FILED MORE THAN 10 WORKING DAYS AFTER PROTESTER KNEW OR SHOULD HAVE KNOWN BASIS OF PROTEST IS TIMELY. GAO DOES NOT CONDUCT INVESTIGATIONS UNDER BID PROTEST PROCEDURES TO ASCERTAIN WHETHER PROTESTER SHOULD HAVE A BASIS FOR PROTEST. WHETHER A BIDDER HAS PERFORMED CONTRACTS IN COMPLIANCE WITH CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT CONSIDER. ONE OF THE CONTRACTS WAS AWARDED IN 1983. THE OTHER TWO CONTRACTS WERE AWARDED IN 1984. ONE WAS AWARDED PRIOR TO OCTOBER 1. IT IS NOT CLEAR WHEN THE THIRD CONTRACT WAS AWARDED. IS UNTIMELY. REQUIRE A PROTESTER TO PROTEST WITHIN 10 WORKING DAYS AFTER THE PROTESTER KNOWS OR SHOULD HAVE KNOWN THE BASIS OF THE PROTEST.

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B-217428, JAN 16, 1985, 85-1 CPD 45

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: 1. PROTEST FILED MORE THAN 10 WORKING DAYS AFTER PROTESTER KNEW OR SHOULD HAVE KNOWN BASIS OF PROTEST IS TIMELY. CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE FUNCTION - INDEPENDENT INVESTIGATION AND CONCLUSIONS - SPECULATIVE ALLEGATIONS 2. GAO DOES NOT CONDUCT INVESTIGATIONS UNDER BID PROTEST PROCEDURES TO ASCERTAIN WHETHER PROTESTER SHOULD HAVE A BASIS FOR PROTEST. GENERAL ACCOUNTING OFFICE - JURISDICTION - CONTRACTS - PERFORMANCE - CONTRACT ADMINISTRATION MATTER 3. WHETHER A BIDDER HAS PERFORMED CONTRACTS IN COMPLIANCE WITH CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT CONSIDER.

MEDITECH, INC.:

MEDITECH, INC. (MEDITECH), PROTESTS THE AWARD OF THREE CONTRACTS BY THE ALASKA AREA NATIVE HEALTH SERVICE, HEALTH RESOURCES AND SERVICES ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES.

ONE OF THE CONTRACTS WAS AWARDED IN 1983. THE OTHER TWO CONTRACTS WERE AWARDED IN 1984. ONE WAS AWARDED PRIOR TO OCTOBER 1, 1984. IT IS NOT CLEAR WHEN THE THIRD CONTRACT WAS AWARDED.

WE DISMISS THE PROTEST.

THE PROTEST AGAINST THE 1983 CONTRACT AND THE CONTRACT AWARDED PRIOR TO OCTOBER 1, 1984, IS UNTIMELY. OUR BID PROTEST PROCEDURES, PUBLISHED IN 4 C.F.R. SEC. 21.2(B)(2) (1984), REQUIRE A PROTESTER TO PROTEST WITHIN 10 WORKING DAYS AFTER THE PROTESTER KNOWS OR SHOULD HAVE KNOWN THE BASIS OF THE PROTEST. MEDITECH'S PROTEST AGAINST THOSE TWO AWARDS, RECEIVED IN OUR OFFICE ON DECEMBER 19, 1984, DOES NOT MEET THIS REQUIREMENT.

EVEN IF WE ASSUME THAT THE PROTEST AGAINST THE THIRD CONTRACT IS TIMELY, IT IS NOT FOR OUR CONSIDERATION. MEDITECH REQUESTS THAT WE CONDUCT AN INVESTIGATION TO ASCERTAIN WHETHER THERE WAS ANY IMPROPRIETY IN THE AWARD OF THE THIRD CONTRACT. WE DO NOT CONDUCT INVESTIGATIONS UNDER OUR BID PROTEST PROCEDURES TO ASCERTAIN WHETHER A PROTESTER SHOULD HAVE A BASIS FOR A PROTEST. AUSTIN COMPANY, ADVANCED TECHNOLOGY SYSTEMS, B-212792, MAR. 1, 1984, 84-1 CPD PARA. 257.

MEDITECH ALSO PROTESTS THAT THE CONTRACTS HAVE NOT BEEN PERFORMED SATISFACTORILY. WHETHER A BIDDER HAS PERFORMED CONTRACTS IN COMPLIANCE WITH CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION NOT FOR CONSIDERATION UNDER OUR BID PROCEDURES. SEE JONARD INDUSTRIES CORP., B-206774, MAY 5, 1982, 82-1 CPD PARA. 426.

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