B-202422, MAR 30, 1981
Highlights
DIGEST: PROTEST ALLEGING THAT AGENCY FAILED TO OBSERVE DISCLOSED SELECTION CRITERIA IS UNTIMELY UNDER 4 C.F.R. SEC. 20.2(B)(2) (1980) WHEN FILED MORE THAN 10 WORKING DAYS AFTER BASIS OF PROTEST WAS OR SHOULD HAVE BEEN KNOWN. THAT IT WAS NOT SELECTED FOR AWARD. CEI MET WITH ANOTHER ARMY REPRESENTATIVE TO DISCUSS THE REASONS THAT CEI WAS NOT SELECTED. REQUIRE THAT A PROTEST BE RECEIVED BY EITHER THE CONTRACTING AGENCY OR OUR OFFICE WITHIN 10 DAYS AFTER THE BASIS FOR PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER. CEI KNEW OR SHOULD HAVE KNOWN ITS BASIS OF PROTEST NO LATER THAN FEBRUARY 10. CEI WAS REQUIRED TO FILE ITS PROTEST WITHIN 10 WORKING DAYS OF THAT DATE. SINCE CEI'S PROTEST WAS NOT RECEIVED HERE UNTIL MARCH 9.
B-202422, MAR 30, 1981
DIGEST: PROTEST ALLEGING THAT AGENCY FAILED TO OBSERVE DISCLOSED SELECTION CRITERIA IS UNTIMELY UNDER 4 C.F.R. SEC. 20.2(B)(2) (1980) WHEN FILED MORE THAN 10 WORKING DAYS AFTER BASIS OF PROTEST WAS OR SHOULD HAVE BEEN KNOWN.
CONTINENTAL ENGINEERING, INC.:
CONTINENTAL ENGINEERING, INC. (CEI), PROTESTS THE AWARD OF A CONTRACT FOR CERTAIN ARCHITECTURAL AND ENGINEERING SERVICES BY THE ARMY CORPS OF ENGINEERS ON THE GROUNDS THAT THE ARMY FAILED TO OBSERVE THE DISCLOSED SELECTION CRITERIA.
CEI STATES THAT AFTER LEARNING ON JANUARY 2, 1981, THAT IT WAS NOT SELECTED FOR AWARD, IT MET WITH THE DISTRICT ENGINEER, MEMPHIS DISTRICT, ON JANUARY 12, 1981; ON FEBRUARY 10, 1981, CEI MET WITH ANOTHER ARMY REPRESENTATIVE TO DISCUSS THE REASONS THAT CEI WAS NOT SELECTED. ON MARCH 9, 1981, CEI FILED ITS PROTEST WITH OUR OFFICE.
OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(B)(2) (1980), REQUIRE THAT A PROTEST BE RECEIVED BY EITHER THE CONTRACTING AGENCY OR OUR OFFICE WITHIN 10 DAYS AFTER THE BASIS FOR PROTEST WAS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. HERE, CEI KNEW OR SHOULD HAVE KNOWN ITS BASIS OF PROTEST NO LATER THAN FEBRUARY 10, 1981. CONSEQUENTLY, CEI WAS REQUIRED TO FILE ITS PROTEST WITHIN 10 WORKING DAYS OF THAT DATE. SINCE CEI'S PROTEST WAS NOT RECEIVED HERE UNTIL MARCH 9, 1981, IT IS UNTIMELY AND WILL NOT BE CONSIDERED. U. S. EAGLE, INC., B-200150, SEPTEMBER 10, 1980, 80-2 CPD 189.
ACCORDINGLY, THE PROTEST IS DISMISSED.