B-208390, SEP 8, 1982
Highlights
DIGEST: PROTEST IS DISMISSED AS UNTIMELY WHERE PROTESTER DID NOT CHALLENGE CANCELLATION OF IFB UNTIL 5 MONTHS AFTER NOTICE OF CANCELLATION. SINCE THE IFB IS A RESOLICITATION OF CANCELED IFB NO. DLA700-82-B-0184 ON WHICH IT WAS THE LOW BIDDER. THE PROTEST IS UNTIMELY. ALCHEMY WAS ADVISED THAT IFB NO. DLA700-82-B-0184 WAS CANCELED WITH NO EXPLANATION OTHER THAN A CITATION TO DEFENSE ACQUISITION REGULATION SEC. 2-404.1(B)(VIII) (1976 ED.). A STATEMENT THAT THE CANCELLATION WAS IN THE BEST INTEREST OF THE GOVERNMENT. ALCHEMY DID NOT PURSUE THE SPECIFIC REASON FOR THE DETERMINATION THAT THE CANCELLATION WAS IN THE BEST INTEREST OF THE GOVERNMENT. ALCHEMY IS. OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS TO OUR OFFICE BE FILED (RECEIVED) IN OUR OFFICE NO LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN.
B-208390, SEP 8, 1982
DIGEST: PROTEST IS DISMISSED AS UNTIMELY WHERE PROTESTER DID NOT CHALLENGE CANCELLATION OF IFB UNTIL 5 MONTHS AFTER NOTICE OF CANCELLATION.
ALCHEMY, INC.:
ALCHEMY, INC. (ALCHEMY), PROTESTS THAT IT SHOULD BE AWARDED THE CONTRACT UNDER DEFENSE LOGISTICS AGENCY INVITATION FOR BIDS (IFB) NO. DLA700-82-B- 2173 WITHOUT HAVING TO COMPETE FOR IT, SINCE THE IFB IS A RESOLICITATION OF CANCELED IFB NO. DLA700-82-B-0184 ON WHICH IT WAS THE LOW BIDDER.
THE PROTEST IS UNTIMELY.
BY LETTER DATED FEBRUARY 26, 1982, ALCHEMY WAS ADVISED THAT IFB NO. DLA700-82-B-0184 WAS CANCELED WITH NO EXPLANATION OTHER THAN A CITATION TO DEFENSE ACQUISITION REGULATION SEC. 2-404.1(B)(VIII) (1976 ED.) AND A STATEMENT THAT THE CANCELLATION WAS IN THE BEST INTEREST OF THE GOVERNMENT. AT THE TIME, ALCHEMY DID NOT PURSUE THE SPECIFIC REASON FOR THE DETERMINATION THAT THE CANCELLATION WAS IN THE BEST INTEREST OF THE GOVERNMENT. IN MAINTAINING THAT IT SHOULD BE AWARDED THE CONTRACT UNDER IFB DLA700-82-B-2173, ALCHEMY IS, IN EFFECT, CHALLENGING THE CANCELLATION OF IFB DLA700-82-B-0184 NOW.
OUR BID PROTEST PROCEDURES REQUIRE THAT PROTESTS TO OUR OFFICE BE FILED (RECEIVED) IN OUR OFFICE NO LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. C.F.R. SEC. 21.2(B)(2) (1982). THUS, ALCHEMY WAS NOT DILIGENT IN PURSUING THE PROTEST AND THE JULY 23, 1982, PROTEST OF THE FEBRUARY 26, 1982, NOTICE OF CANCELLATION IS UNTIMELY. L.W.SLOAN BUILDERS, INC., B-204682.2, JULY 12, 1982, 82-2 CPD .
PROTEST IS DISMISSED.