B-216827, OCT 24, 1984, 84-2 CPD 466

B-216827: Oct 24, 1984

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CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST NOT RECEIVED IN OUR OFFICE WITHIN 10 WORKING DAYS AFTER PROTESTER KNEW OR SHOULD HAVE KNOWN THE BASIS OF ITS PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED. THE ARMY INFORMED ESTABROOK THAT ITS BID WAS NONRESPONSIVE FOR FAILURE TO ACKNOWLEDGE AN AMENDMENT TO THE SOLICITATION. THE ARMY AGAIN ADVISED ESTABROOK THAT ITS BID WAS REJECTED AS NONRESPONSIVE. WHILE THERE WAS FURTHER CORRESPONDENCE WITH THE ARMY AND A CONGRESSMAN. ESTABROOK'S PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL OCTOBER 15. PROVIDES THAT A PROTEST MUST BE FILED WITHIN 10 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN.

B-216827, OCT 24, 1984, 84-2 CPD 466

CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST NOT RECEIVED IN OUR OFFICE WITHIN 10 WORKING DAYS AFTER PROTESTER KNEW OR SHOULD HAVE KNOWN THE BASIS OF ITS PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED.

ESTABROOK ENGINEERING INC.:

ESTABROOK ENGINEERING INC. (ESTABROOK) PROTESTS THE REJECTION OF ITS BID UNDER INVITATION FOR BIDS (IFB) NO. DAAH01-84-B-A115 ISSUED BY THE DEPARTMENT OF THE ARMY. BY LETTER DATED JULY 20, 1984, THE ARMY INFORMED ESTABROOK THAT ITS BID WAS NONRESPONSIVE FOR FAILURE TO ACKNOWLEDGE AN AMENDMENT TO THE SOLICITATION. SUBSEQUENTLY, ESTABROOK CORRESPONDED WITH THE ARMY. BY LETTER DATED AUGUST 1, 1984, THE ARMY AGAIN ADVISED ESTABROOK THAT ITS BID WAS REJECTED AS NONRESPONSIVE. WHILE THERE WAS FURTHER CORRESPONDENCE WITH THE ARMY AND A CONGRESSMAN, ESTABROOK'S PROTEST WAS NOT RECEIVED IN OUR OFFICE UNTIL OCTOBER 15.

SECTION 21.2(B)(2) OF OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.2(B)(2) (1984), PROVIDES THAT A PROTEST MUST BE FILED WITHIN 10 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. SINCE THE PROTEST WAS RECEIVED IN OUR OFFICE MORE THAN 10 WORKING DAYS AFTER ESTABROOK RECEIVED NOTICE THAT ITS BID WAS NONRESPONSIVE, IT IS UNTIMELY AND WILL NOT BE CONSIDERED.

THE PROTEST IS DISMISSED.

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