B-214799, APR 17, 1984

B-214799: Apr 17, 1984

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DIGEST: PROTEST NOT FILED WITHIN 10 WORKING DAYS AFTER PROTESTER LEARNS THE BASIS FOR ITS PROTEST IS DISMISSED AS UNTIMELY. THE PROTEST IS DISMISSED. THE PROPOSALS WERE REJECTED BASED ON THE FOREST SERVICE'S BELIEF THAT CALIFORNIA STATE STATUTES PROHIBITED THE SURVEY METHOD WHICH ROBINSON INTENDED TO USE. THE 10-WORKING-DAY PERIOD BEGINS WHEN THE PROTESTER RECEIVES A LETTER FROM THE CONTRACTING AGENCY ADVISING THAT THE PROPOSAL WAS REJECTED AND THE REASON FOR THE REJECTION. IT IS CLEARLY UNTIMELY AND WE WILL NOT CONSIDER IT ON THE MERITS. THE PROTEST IS DISMISSED.

B-214799, APR 17, 1984

DIGEST: PROTEST NOT FILED WITHIN 10 WORKING DAYS AFTER PROTESTER LEARNS THE BASIS FOR ITS PROTEST IS DISMISSED AS UNTIMELY.

ROBINSON ENGINEERING, INC.:

ROBINSON ENGINEERING, INC. (ROBINSON), PROTESTS THE REJECTION OF THE PROPOSALS IT SUBMITTED IN RESPONSE TO VARIOUS REQUESTS FOR PROPOSALS ISSUED BY THE FOREST SERVICE FOR PROPOSALS TO DO CADASTRAL SURVEYING.

THE PROTEST IS DISMISSED.

THE PROPOSALS WERE REJECTED BASED ON THE FOREST SERVICE'S BELIEF THAT CALIFORNIA STATE STATUTES PROHIBITED THE SURVEY METHOD WHICH ROBINSON INTENDED TO USE.

UNDER OUR BID PROTEST PROCEDURES, A PROTEST NOT BASED ON A SOLICITATION IMPROPRIETY MUST BE FILED WITH THIS OFFICE OR THE AGENCY INVOLVED WITHIN 10 WORKING DAYS AFTER THE PROTESTER LEARNS THE BASIS OF ITS PROTEST. C.F.R. SEC. 21.2(A),(B)(2) (1983). THE 10-WORKING-DAY PERIOD BEGINS WHEN THE PROTESTER RECEIVES A LETTER FROM THE CONTRACTING AGENCY ADVISING THAT THE PROPOSAL WAS REJECTED AND THE REASON FOR THE REJECTION. G.B.J. INC., B-211214, APRIL 4, 1983, 83-1 CPD 353.

ROBINSON STATES THAT IT RECEIVED WRITTEN NOTIFICATION FROM THE FOREST SERVICE STATING THE REASON FOR THE REJECTION OF ITS PROPOSALS BY A LETTER DATED FEBRUARY 14, 1984. THE RECORD INDICATES THAT ROBINSON RECEIVED THIS LETTER BY MARCH 2, 1984. SINCE WE DID NOT RECEIVE ROBINSON'S PROTEST UNTIL MARCH 29, 1984, IT IS CLEARLY UNTIMELY AND WE WILL NOT CONSIDER IT ON THE MERITS. NIKISKI MARINE, INC., B-214279, FEBRUARY 22, 1984, 84-1 CPD 227.

THE PROTEST IS DISMISSED.

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