B-217233, DEC 18, 1984, 84-2 CPD 682
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST TO GAO MORE THAN 10 DAYS AFTER AGENCY NOTIFIED PROTESTER THAT ITS PROPOSAL WOULD NOT BE CONSIDERED IS UNTIMELY. THAT IS WOULD NOT BE CONSIDERED FOR AWARD AND THE REASONS THEREAFTER. PROTESTS MUST BE FILED WITH GAO NO LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER. 4 C.F.R. THE PROTESTS SHOULD HAVE BEEN RECEIVED AT GAO BY NOVEMBER 14. SINCE FACTECH'S PROTEST WAS NOT RECEIVED UNTIL NOVEMBER 29. IT IS DISMISSED.
B-217233, DEC 18, 1984, 84-2 CPD 682
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS OF PROTEST - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST TO GAO MORE THAN 10 DAYS AFTER AGENCY NOTIFIED PROTESTER THAT ITS PROPOSAL WOULD NOT BE CONSIDERED IS UNTIMELY.
FACTECH CORPORATION:
FACTECH CORPORATION (FACTECH) PROTESTS THE REFUSAL BY THE NAVAL AVIONICS CENTER (CENTER) TO CONSIDER ITS PROPOSAL UNDER REQUEST FOR PROPOSALS NO. N00163-84-R-1090 FOR A HOOK ASSEMBLY.
FACTECH ACKNOWLEDGES THAT THE CENTER NOTIFIED IT BY LETTER DATED OCTOBER 23, 1984, THAT IS WOULD NOT BE CONSIDERED FOR AWARD AND THE REASONS THEREAFTER. WE RECEIVED FACTECH'S PROTEST ON NOVEMBER 29, 1984.
UNDER OUR BID PROTEST PROCEDURES, PROTESTS MUST BE FILED WITH GAO NO LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR THE PROTEST IS OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. 4 C.F.R. SEC. 21.2(B)(2) (1984). THE TERM "FILED" MEANS RECEIPT IN OUR OFFICE. POWER LIFT/AERO INDUSTRIES, B-214053, JAN. 23, 1984, 84-1 CPD PARA. 106. ALLOWING A REASONABLE TIME FOR DELIVERY OF THE CENTER'S LETTER TO FACTECH (7 DAYS), THE PROTESTS SHOULD HAVE BEEN RECEIVED AT GAO BY NOVEMBER 14. SINCE FACTECH'S PROTEST WAS NOT RECEIVED UNTIL NOVEMBER 29, IT IS DISMISSED.