B-180481, APR 5, 1974
Highlights
PROTEST FILED WITH GAO MORE THAN 5 DAYS AFTER PROTESTER RECEIVED NOTICE THAT ITS PROTEST FILED WITH GENERAL SERVICES ADMINISTRATION WAS DENIED IS UNTIMELY UNDER GAO BID PROTEST PROCEDURES AND STANDARDS. SINCE GAO BID PROTEST PROCEDURES ARE PUBLISHED IN FEDERAL REGISTER AND PROTESTER MUST BE REGARDED AS ON CONSTRUCTIVE NOTICE THEREOF. UPON NOTIFICATION THAT AWARD WAS MADE TO ANOTHER FIRM. LANCE RECEIVED NOTICE FROM GSA THAT ITS PROTEST WAS DENIED. OUR BID PROTEST PROCEDURES AND STANDARDS PROVIDE THAT WHERE A PROTEST IS FILED INITIALLY WITH THE CONTRACTING AGENCY. "ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED ***." 4 CFR 20.2(A).
B-180481, APR 5, 1974
PROTEST FILED WITH GAO MORE THAN 5 DAYS AFTER PROTESTER RECEIVED NOTICE THAT ITS PROTEST FILED WITH GENERAL SERVICES ADMINISTRATION WAS DENIED IS UNTIMELY UNDER GAO BID PROTEST PROCEDURES AND STANDARDS, 4 CFR 20.2(A), NOTWITHSTANDING PROTESTER'S CLAIM THAT IT DID NOT LEARN OF GAO UNTIL DAY BEFORE IT FILED PROTEST, SINCE GAO BID PROTEST PROCEDURES ARE PUBLISHED IN FEDERAL REGISTER AND PROTESTER MUST BE REGARDED AS ON CONSTRUCTIVE NOTICE THEREOF.
TO LANCE INVESTIGATION SERVICE, INC.:
THE GENERAL SERVICES ADMINISTRATION (GSA), AWARDED AN INCENTIVE-TYPE CONTRACT TO PROVIDE GUARD SERVICES AT THE INTERNAL REVENUE SERVICE CENTER AT BROOKHAVEN, NEW YORK TO THE OFFEROR RECEIVING THE HIGHEST SCORE AFTER EVALUATION OF PROPOSALS. LANCE INVESTIGATION SERVICE, INCORPORATED, THE PRIOR INCUMBENT CONTRACTOR, RECEIVED 3.2 POINTS LESS THAN THE SUCCESSFUL OFFEROR. UPON NOTIFICATION THAT AWARD WAS MADE TO ANOTHER FIRM, LANCE PROTESTED TO GSA. ON JANUARY 8, 1974, LANCE RECEIVED NOTICE FROM GSA THAT ITS PROTEST WAS DENIED. LANCE THEN FILED A PROTEST WITH THIS OFFICE ON JANUARY 23, 1974, ALLEGING IMPROPER EVALUATION OF PROPOSALS AND RACIAL DISCRIMINATION ON THE PART OF THE CONTRACTING OFFICER.
OUR BID PROTEST PROCEDURES AND STANDARDS PROVIDE THAT WHERE A PROTEST IS FILED INITIALLY WITH THE CONTRACTING AGENCY, "ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 5 DAYS OF NOTIFICATION OF ADVERSE AGENCY ACTION WILL BE CONSIDERED ***." 4 CFR 20.2(A). LANCE ASSERTS THAT IT DID NOT FILE ITS PROTEST WITH THIS OFFICE UNTIL JANUARY 23, 1974, BECAUSE IT WAS NOT UNTIL JANUARY 22, 1974 THAT IT WAS "FIRST TOLD ABOUT GAO." HOWEVER, LACK OF KNOWLEDGE REGARDING THIS OFFICE OR ITS STANDARDS FOR CONSIDERING BID PROTESTS IS NOT SUFFICIENT JUSTIFICATION FOR CONSIDERING AN OTHERWISE UNTIMELY PROTEST. B-180039, JANUARY 31, 1974. OUR BID PROTEST PROCEDURES AND STANDARDS WERE PUBLISHED IN THEIR ENTIRETY IN VOLUME 36 OF THE FEDERAL REGISTER AT PAGES 24791 AND 24792 (DECEMBER 23, 1971), AND THEREFORE, WE MUST REGARD LANCE AS BEING ON CONSTRUCTIVE NOTICE WITH RESPECT TO THOSE PROVISIONS. SEE WINSTON BROS. COMPANY V. UNITED STATES, 458 F.2D 49, 53 (CT. CL. 1972).
ACCORDINGLY, THE PROTEST MUST BE DISMISSED AS UNTIMELY.