B-219132, JUN 28, 1985, 85-2 CPD 13
Highlights
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST AGAINST CONTRACT AWARD FILED MORE THAN 10 WORKING DAYS (PLUS REASONABLE DELIVERY TIME) AFTER AGENCY SENT NOTICE TO PROTESTER IS UNTIMELY UNDER GAO BID PROTEST REGULATIONS. IT SHOULD HAVE BEEN AWARDED THE CONTRACT. THE ARMY STATES THAT NOTICE OF THE CONTRACT AWARD TO TRIPLE E MANUFACTURING WAS MAILED TO SERMOR ON MAY 17. SERMOR'S PROTEST SHOULD HAVE BEEN FILED WITH OUR OFFICE BY JUNE 7. SERMOR'S PROTEST WAS MAILED ON JUNE 7. IT IS THEREFORE DISMISSED AS UNTIMELY.
B-219132, JUN 28, 1985, 85-2 CPD 13
CONTRACTS - PROTESTS - GENERAL ACCOUNTING OFFICE PROCEDURES - TIMELINESS - DATE BASIS OF PROTEST MADE KNOWN TO PROTESTER DIGEST: PROTEST AGAINST CONTRACT AWARD FILED MORE THAN 10 WORKING DAYS (PLUS REASONABLE DELIVERY TIME) AFTER AGENCY SENT NOTICE TO PROTESTER IS UNTIMELY UNDER GAO BID PROTEST REGULATIONS.
SERMOR INC.:
SERMOR INC. (SERMOR) PROTESTS THE AWARD OF A CONTRACT UNDER SOLICITATION NO. DAAA09-84-B-0985, ISSUED BY THE UNITED STATES ARMY ARMAMENT, MUNITIONS AND CHEMICAL COMMAND, ROCK ISLAND ILLINOIS (ARMY), FOR BRAKE ASSEMBLIES. SERMOR CONTENDS THAT, AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, IT SHOULD HAVE BEEN AWARDED THE CONTRACT.
THE ARMY STATES THAT NOTICE OF THE CONTRACT AWARD TO TRIPLE E MANUFACTURING WAS MAILED TO SERMOR ON MAY 17, 1985. ASSUMING RECEIPT OF THE NOTICE WITHIN A REASONABLE TIME (1 WEEK), OR BY MAY 24, 1985, SERMOR'S PROTEST SHOULD HAVE BEEN FILED WITH OUR OFFICE BY JUNE 7, 1985, WITHIN 10 DAYS OF RECEIPT OF THE NOTICE AS REQUIRED BY GAO BID PROTEST REGULATIONS. 4 C.F.R. SEC. 21.2(A)(2) (1985). EDWARD E. BRUMFIELD, B-216928, NOV. 5, 1984, 84-2 CPD PARA. 502. SERMOR'S PROTEST WAS MAILED ON JUNE 7, 1985, AND RECEIVED BY OUR OFFICE ON JUNE 13, 1985. IT IS THEREFORE DISMISSED AS UNTIMELY.