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B-196387, OCT 24, 1979

B-196387 Oct 24, 1979
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DIGEST: PROTEST TO GAO AGAINST REJECTION OF PROPOSAL AS LATE IS UNTIMELY AND NOT FOR CONSIDERATION SINCE IT WAS FILED MORE THAN 10 DAYS AFTER PROTESTER RECEIVED NOTICE OF REJECTION. COMTAL'S PROPOSAL WAS REJECTED AS LATE SINCE IT WAS NOT RECEIVED AT THE REQUIRED LOCATION UNTIL 11:50 A.M. SECTION 20.2 OF OUR BID PROTEST PROCEDURES PROVIDES: "(B)(2) *** BID PROTESTS SHALL BE FILED NOT LATER THAN 10 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER.". THE TIME LIMITATIONS PRESCRIBED IN OUR BID PROTEST PROCEDURES ARE NOT WAIVABLE TECHNICALITIES. WE HAVE STRICTLY ENFORCED THEM AND HAVE DISMISSED PROTESTS AS UNTIMELY WITHOUT CONSIDERATION OF THE MERITS WHEN THE FILING DEADLINES HAVE NOT BEEN MET.

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B-196387, OCT 24, 1979

DIGEST: PROTEST TO GAO AGAINST REJECTION OF PROPOSAL AS LATE IS UNTIMELY AND NOT FOR CONSIDERATION SINCE IT WAS FILED MORE THAN 10 DAYS AFTER PROTESTER RECEIVED NOTICE OF REJECTION.

COMTAL CORPORATION:

COMTAL CORPORATION (COMTAL) PROTESTS THE REJECTION OF ITS PROPOSAL AS LATE BY THE UNITED STATES GEOLOGICAL SURVEY, DEPARTMENT OF THE INTERIOR, UNDER REQUEST FOR PROPOSALS (RFP) NO. 6332.

ON AUGUST 2, 1979, THE PROCURING ACTIVITY ISSUED THE RFP. AMENDMENT 2 TO THE RFP REQUIRED THAT ALL OFFERS BE SUBMITTED BY 3 P.M., SEPTEMBER 17, 1979. COMTAL'S PROPOSAL WAS REJECTED AS LATE SINCE IT WAS NOT RECEIVED AT THE REQUIRED LOCATION UNTIL 11:50 A.M. ON SEPTEMBER 18, 1979. THE CONTRACTING OFFICER NOTIFIED COMTAL OF THE REJECTION OF ITS PROPOSAL BY LETTER OF SEPTEMBER 19, 1979, WHICH THE RECORD INDICATES COMTAL RECEIVED ON SEPTEMBER 24, 1979. ON OCTOBER 10, 1979, COMTAL FILED A PROTEST WITH OUR OFFICE.

SECTION 20.2 OF OUR BID PROTEST PROCEDURES PROVIDES:

"(B)(2) *** BID PROTESTS SHALL BE FILED NOT LATER THAN 10 DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER."

THE TERM "FILED" AS USED IN OUR BID PROTEST PROCEDURES MEANS RECEIPT IN GAO. 4 C.F.R. SEC. 20.2(B)(3) (1979).

THE TIME LIMITATIONS PRESCRIBED IN OUR BID PROTEST PROCEDURES ARE NOT WAIVABLE TECHNICALITIES. WE HAVE STRICTLY ENFORCED THEM AND HAVE DISMISSED PROTESTS AS UNTIMELY WITHOUT CONSIDERATION OF THE MERITS WHEN THE FILING DEADLINES HAVE NOT BEEN MET. SEE LINGUISTIC SYSTEMS, INCORPORATED, 58 COMP.GEN. 403 (1979), 79-1 CPD 250. THUS, WE HAVE DISMISSED PROTESTS THAT WERE 1 DAY LATE. SEE LEMONT SHIPBUILDING AND REPAIR COMPANY, B-180104, JANUARY 21, 1974, 74-1 CPD 20. SINCE COMTAL DID NOT FILE ITS PROTEST UNTIL OCTOBER 10, MORE THAN 10 DAYS AFTER RECEIPT OF THE NOTICE THAT ITS PROPOSAL WAS REJECTED AS LATE, THE PROTEST IS UNTIMELY AND WILL NOT BE CONSIDERED.

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