B-183699, MAY 23, 1975

B-183699, MAY 23, 1975

PROTEST FILED IN GAO MORE THAN 5 DAYS AFTER BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN IS UNTIMELY AND THEREFORE INAPPROPRIATE FOR CONSIDERATION UNDER 4 C.F.R. SEC. 20.2(A) (1974).

PRECISION ELECTRONICS LABORATORIES:

THE ARMY MISSILE COMMAND (AMC) ISSUED IFB DAAH01-75-B-0152 FOR A QUANTITY OF ELECTRONIC COMPONENT ASSEMBLIES ON FEBRUARY 18, 1975. TEN BIDS WERE OPENED ON MARCH 12, 1975, INCLUDING A BID FROM PRECISION ELECTRONICS LABORATORIES (PEL). ON MARCH 28, 1975, DAAH01-75-C-0741 WAS AWARDED TO PBR ELECTRONICS, INC. OF ATHENS, ALABAMA. BY LETTER OF MARCH 28, 1975, THE CONTRACTING OFFICER, L.F. PARIS, NOTIFIED PEL OF THIS AWARD. IN THIS REGARD, AMC STATES THAT ON APRIL 2, 1975, MR. L.E. KUHLBERG OF PEL ATTENDED A MEETING AT WHICH THE CONTRACTING OFFICER EXPLAINED IN DETAIL WHY AWARD WAS NOT MADE TO THAT CONCERN. PROTESTER ASSERTS THAT THE MEETING WITH THE CONTRACTING OFFICER TOOK PLACE ON APRIL 4, 1975. IN ANY EVENT, PEL'S LETTER OF PROTEST, DATED APRIL 15, 1975, WAS RECEIVED BY THE GAO ON APRIL 22, 1975.

SECTION 20.2(A) OF 4 C.F.R. PROVIDES IN PERTINENT PART THAT BID PROTESTS SHALL BE FILED NOT LATER THAN 5 DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. FOR PURPOSES OF THIS REQUIREMENT "DAYS" REFER TO "WORKING DAYS" OF THE AGENCIES OF THE FEDERAL GOVERNMENT (4 C.F.R. SEC. 20.12 (1974)) AND "FILED" MEANS RECEIPT BY THE GAO (4 C.F.R. SEC. 20.2(A) (1974)). SINCE THE PROTEST OF PEL WAS FILED MORE THAN 5 DAYS AFTER THE PROTESTER KNEW OR SHOULD HAVE KNOWN THE BASIS FOR ITS PROTEST, IT IS UNTIMELY UNDER 4 C.F.R. SEC. 20.2(A) (1974).

ACCORDINGLY, THE PROTEST IS DISMISSED.