B-189607, AUGUST 24, 1977
Highlights
PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS WHEN BASIS FOR PROTEST. WAS KNOWN MORE THAN 10 DAYS PRIOR TO PROTEST FILED ON JULY 14. WHILE PROTEST MAY HAVE BEEN UNTIMELY FILED BECAUSE OF PROTESTER'S LACK OF ACTUAL KNOWLEDGE OF PROCEDURES. PROTESTER IS CHARGED WITH CONSTRUCTIVE NOTICE THEREOF BECAUSE PROCEDURES ARE PUBLISHED IN FEDERAL REGISTER. SETS FORTH AARDVARK'S CLAIM THAT ITS BID WAS IMPROPERLY REJECTED FOR FAILURE TO FURNISH A BOND. WE HAVE BEEN ADVISED THAT A NOTICE OF REJECTION OF AARDVARK'S BID WAS MAILED TO AARDVARK ON MAY 23. THAT THE CONTRACT WAS AWARDED TO ANOTHER BIDDER ON JUNE 6. HAS ACKNOWLEDGED THAT ITS PROTEST IS "LATE.". OUR BID PROTEST PROCEDURES PROVIDE THAT PROTESTS "SHALL BE FILED NOT LATER THAN 10 (WORKING) DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN.
B-189607, AUGUST 24, 1977
1. PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON MERITS WHEN BASIS FOR PROTEST, REJECTION OF BID, WAS KNOWN MORE THAN 10 DAYS PRIOR TO PROTEST FILED ON JULY 14, 1977. 2. WHILE PROTEST MAY HAVE BEEN UNTIMELY FILED BECAUSE OF PROTESTER'S LACK OF ACTUAL KNOWLEDGE OF PROCEDURES, PROTESTER IS CHARGED WITH CONSTRUCTIVE NOTICE THEREOF BECAUSE PROCEDURES ARE PUBLISHED IN FEDERAL REGISTER.
AARDVARK DRAYAGE CO.:
THE AARDVARK DRAYAGE CO. (AARDVARK) HAS PROTESTED THE AWARD OF A CONTRACT TO ANOTHER BIDDER UNDER SOLICITATION NO. DAKF49-77-B-0003 FOR THE FURNISHING OF MOVING AND RELOCATING SERVICES REQUIRED BY HEADQUARTERS, UNITED STATES ARMY HEALTH SERVICES COMMAND, FORT SAM HOUSTON, TEXAS.
AARDVARK'S PROTEST, FILED WITH OUR OFFICE ON JULY 14, 1977, SETS FORTH AARDVARK'S CLAIM THAT ITS BID WAS IMPROPERLY REJECTED FOR FAILURE TO FURNISH A BOND. WE HAVE BEEN ADVISED THAT A NOTICE OF REJECTION OF AARDVARK'S BID WAS MAILED TO AARDVARK ON MAY 23, 1977, AND THAT THE CONTRACT WAS AWARDED TO ANOTHER BIDDER ON JUNE 6, 1977. AARDVARK HAS NOT DENIED RECEIPT OF THE NOTICE OF REJECTION AND, IN FACT, HAS ACKNOWLEDGED THAT ITS PROTEST IS "LATE."
OUR BID PROTEST PROCEDURES PROVIDE THAT PROTESTS "SHALL BE FILED NOT LATER THAN 10 (WORKING) DAYS AFTER THE BASIS FOR PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER." 4 C.F.R. 20.2(B)(2)(1976). IT IS CLEAR FROM THE RECORD THAT AARDVARK WAS AWARE OF THE BASIS FOR ITS PROTEST MORE THAN 10 DAYS BEFORE ITS PROTEST WAS FILED WITH OUR OFFICE ON JULY 14, 1977, AND ITS PROTEST IS THEREFORE UNTIMELY.
FURTHER, WHILE AARDVARK ACKNOWLEDGES THAT ITS PROTEST IS UNTIMELY, IT STATES THAT IT DID NOT KNOW IT WAS POSSIBLE TO PROTEST UNTIL JULY 14, 1977. SINCE OUR BID PROTEST PROCEDURES HAVE BEEN PUBLISHED IN THE FEDERAL REGISTER (40 FED.REG. 17979, APRIL 24, 1975), PROTESTERS ARE CHARGED WITH CONSTRUCTIVE NOTICE OF THEIR PROVISIONS. POWER CONVERSION, INC., B-186719, SEPTEMBER 20, 1976, 76-2 CPD 256.
AARDVARK'S PROTEST, THEREFORE, IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.