B-193804, MARCH 6, 1979
Highlights
DIGEST: PROTEST FILED MORE THAN 10 WORKING DAYS AFTER BASIS FOR PROTEST IS KNOWN IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS. CME OBJECTS TO HUD'S FINDING THAT ITS PROPOSAL WAS TECHNICALLY INFERIOR TO TECHNOLOGY'S AND TO HUD'S FAILURE TO HOLD TECHNICAL DISCUSSIONS WITH IT. THE PROTEST IS UNTIMELY. CME INDICATES THAT IT WAS ADVISED BY HUD DURING THE LAST WEEK OF SEPTEMBER 1977 THAT THE CONTRACT WAS AWARDED TO TECHNOLOGY AND THAT SHORTLY THEREAFTER IT WAS GIVEN A DEBRIEFING REGARDING THE MATTER. CME'S PROTEST WAS NOT FILED UNTIL DECEMBER 15. OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST BE FILED NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR PROTEST IS KNOWN. 4 C.F.R. 20.2 (1978).
B-193804, MARCH 6, 1979
DIGEST: PROTEST FILED MORE THAN 10 WORKING DAYS AFTER BASIS FOR PROTEST IS KNOWN IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.
CME ASSOCIATES, INC.:
CME ASSOCIATES, INC. (CME) PROTESTS THE AWARD OF A CONTRACT TO TECHNOLOGY AND ECONOMICS, INC. (TECHNOLOGY) UNDER REQUEST FOR PROPOSALS (RFP) NO. H- 4202, ISSUED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE DESIGN AND IMPLEMENTATION OF A SYSTEM FOR COLLECTING MOBILE HOME DATA. CME OBJECTS TO HUD'S FINDING THAT ITS PROPOSAL WAS TECHNICALLY INFERIOR TO TECHNOLOGY'S AND TO HUD'S FAILURE TO HOLD TECHNICAL DISCUSSIONS WITH IT.
THE PROTEST IS UNTIMELY. CME INDICATES THAT IT WAS ADVISED BY HUD DURING THE LAST WEEK OF SEPTEMBER 1977 THAT THE CONTRACT WAS AWARDED TO TECHNOLOGY AND THAT SHORTLY THEREAFTER IT WAS GIVEN A DEBRIEFING REGARDING THE MATTER. CME'S PROTEST WAS NOT FILED UNTIL DECEMBER 15, 1978, MORE THAN A YEAR LATER. OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTEST BE FILED NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS FOR PROTEST IS KNOWN. 4 C.F.R. 20.2 (1978). CME DID NOT COMPLY WITH THIS REQUIREMENT. THEREFORE, THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS. SEE KINGS POINT MANUFACTURING COMPANY, INC., B-191452, APRIL 19, 1978, 78-1 CPD 306.
THE PROTEST IS DISMISSED.