B-201575, B-201576, JAN 27, 1981
Highlights
DIGEST: PROTEST FILED WITH GAO MORE THAN 10 DAYS AFTER INITIAL ADVERSE AGENCY ACTION ON PROTEST TO AGENCY IS UNTIMELY. THEY MUST BE PERFORMED BY A CONTRACTOR LOCATED IN THE SBA DISTRICT FOR WHICH THE SERVICES ARE BEING RENDERED. DUTTON'S PROTEST TO OUR OFFICE IS UNTIMELY. REQUIRE THAT IF A PROTEST IS INITIALLY FILED WITH THE CONTRACTING AGENCY IN A TIMELY MANNER. TO OUR OFFICE IS DATED NOVEMBER 13. THE PROTEST IS DISMISSED.
B-201575, B-201576, JAN 27, 1981
DIGEST: PROTEST FILED WITH GAO MORE THAN 10 DAYS AFTER INITIAL ADVERSE AGENCY ACTION ON PROTEST TO AGENCY IS UNTIMELY.
DUTTON & ASSOCIATES P.C.:
DUTTON & ASSOCIATES P.C. (DUTTON) PROTESTS THE AWARD OF CONTRACT NO. SBA- 7(J)-MSB-80-47 AND CONTRACT NO. SBA-7(J)-MSB-80-48 UNDER SOLICITATIONS ISSUED BY THE SMALL BUSINESS ADMINISTRATION (SBA). DUTTON CONTENDS THAT IN ORDER FOR PERFORMANCE UNDER THESE CONTRACTS TO BE SUCCESSFUL, THEY MUST BE PERFORMED BY A CONTRACTOR LOCATED IN THE SBA DISTRICT FOR WHICH THE SERVICES ARE BEING RENDERED.
PRIOR TO FILING A PROTEST WITH OUR OFFICE, DUTTON PROTESTED TO THE SBA. BY LETTER DATED OCTOBER 31, 1980, THE SBA DENIED DUTTON'S PROTEST.
DUTTON'S PROTEST TO OUR OFFICE IS UNTIMELY. OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(A) (1980), REQUIRE THAT IF A PROTEST IS INITIALLY FILED WITH THE CONTRACTING AGENCY IN A TIMELY MANNER, IN ORDER FOR ANY SUBSEQUENT PROTEST TO OUR OFFICE TO BE TIMELY, IT MUST BE FILED WITHIN 10 DAYS OF INITIAL ADVERSE AGENCY ACTION ON THE PROTEST FILED WITH THE AGENCY. DUTTON'S PROTEST LETTER, WHICH ENCLOSES A COPY OF THE SBA'S OCTOBER 31, 1980, DENIAL LETTER, TO OUR OFFICE IS DATED NOVEMBER 13, 1980. HOWEVER, WE DID NOT RECEIVE DUTTON'S PROTEST UNTIL DECEMBER 17, 1980, WELL BEYOND THE 10-DAY TIME CONSTRAINT ESTABLISHED BY 4 C.F.R. SEC. 20.2(A).
THE PROTEST IS DISMISSED.