B-199024, JUN 24, 1980
Highlights
DIGEST: PROTEST FILED MORE THAN 3 MONTHS AFTER RECEIPT OF CONTRACTING OFFICER'S REJECTION LETTER FINDING PROTESTER'S PROPOSAL UNACCEPTABLE IS UNTIMELY UNDER 4 C.F.R. THE CONTRACTING OFFICER INFORMED TELETYPE CORPORATION (TELETYPE) THAT ITS TECHNICAL PROPOSAL WAS CONSIDERED UNACCEPTABLE. SEC. 20.2(B)(2) (1980) PROVIDE IN PART AS FOLLOWS: "*** 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.". SINCE TELETYPE'S PROTEST WAS NOT FILED WITHIN 10 DAYS AFTER RECEIPT OF THE CONTRACTING OFFICER'S REJECTION LETTER WHICH PROVIDED THE BASIS OF PROTEST. ITS PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.
B-199024, JUN 24, 1980
DIGEST: PROTEST FILED MORE THAN 3 MONTHS AFTER RECEIPT OF CONTRACTING OFFICER'S REJECTION LETTER FINDING PROTESTER'S PROPOSAL UNACCEPTABLE IS UNTIMELY UNDER 4 C.F.R. SEC. 20.2(B)(2) (1980) OF OUR BID PROTEST PROCEDURES AND NOT FOR CONSIDERATION ON MERITS.
TELETYPE CORPORATION:
ON JANUARY 11, 1980, THE AIR FORCE ISSUED A LETTER REQUEST FOR TECHNICAL PROPOSAL FO4606-80-R-0073 FOR THE DESIGN OF TELETYPE MACHINES. BY LETTER DATED FEBRUARY 21, 1980, THE CONTRACTING OFFICER INFORMED TELETYPE CORPORATION (TELETYPE) THAT ITS TECHNICAL PROPOSAL WAS CONSIDERED UNACCEPTABLE. MORE THAN 3 MONTHS LATER, TELETYPE FILED A PROTEST WITH OUR OFFICE CONCERNING THE CONTRACTING OFFICER'S DETERMINATION.
OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(B)(2) (1980) PROVIDE IN PART AS FOLLOWS:
"*** 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."
SINCE TELETYPE'S PROTEST WAS NOT FILED WITHIN 10 DAYS AFTER RECEIPT OF THE CONTRACTING OFFICER'S REJECTION LETTER WHICH PROVIDED THE BASIS OF PROTEST, ITS PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION ON THE MERITS.