B-202901, MAY 21, 1981
Highlights
DIGEST: PROTEST FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER SAME PROTEST FILED WITH CONTRACTING AGENCY WAS DENIED BY CONTRACTING OFFICER IS UNTIMELY AND NOT FOR CONSIDERATION. DLA100-81-B-0130 BECAUSE THE LOW BIDDER-AWARDEE WAS PERMITTED TO INCREASE ITS BID PRICE PRIOR TO AWARD AFTER ALLEGING A MISTAKE IN BID. THE CONTRACTING OFFICER'S LETTER DENYING THE PROTEST WAS RECEIVED BY DOMAR ON MARCH 30. ANY SUBSEQUENT PROTEST TO OUR OFFICE RECEIVED HERE WITHIN 10 WORKING DAYS OF FORMAL NOTIFICATION OF INITIAL ADVERSE AGENCY ACTION WILL BE CONSIDERED. TEN WORKING DAYS AFTER THIS DATE WAS APRIL 13. THE DOMAR PROTEST WAS RECEIVED BY OUR OFFICE ON APRIL 14 AND WAS FILED UNTIMELY. THE PROTEST IS NOT FOR CONSIDERATION BY OUR OFFICE.
B-202901, MAY 21, 1981
DIGEST: PROTEST FILED WITH GAO MORE THAN 10 WORKING DAYS AFTER SAME PROTEST FILED WITH CONTRACTING AGENCY WAS DENIED BY CONTRACTING OFFICER IS UNTIMELY AND NOT FOR CONSIDERATION.
DOMAR BUCKLE MFG. CORP.:
BY LETTER OF APRIL 10, 1981, RECEIVED BY OUR OFFICE ON APRIL 14, THE DOMAR BUCKLE MFG. CORP. (DOMAR) PROTESTED THE AWARD MADE UNDER DEFENSE PERSONNEL SUPPORT CENTER (DEFENSE LOGISTICS AGENCY) INVITATION FOR BIDS NO. DLA100-81-B-0130 BECAUSE THE LOW BIDDER-AWARDEE WAS PERMITTED TO INCREASE ITS BID PRICE PRIOR TO AWARD AFTER ALLEGING A MISTAKE IN BID. THE LOW BIDDER REMAINED LOW AFTER THE PERMITTED CORRECTION. DOMAR FIRST PROTESTED THIS MATTER TO THE CONTRACTING AGENCY; THE CONTRACTING OFFICER'S LETTER DENYING THE PROTEST WAS RECEIVED BY DOMAR ON MARCH 30.
OUR BID PROTEST PROCEDURES, SPECIFICALLY AT 4 C.F.R. SEC. 20.2(A) (1980), REQUIRE THAT WHERE, AS HERE, A PROTEST HAS BEEN TIMELY FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO OUR OFFICE RECEIVED HERE WITHIN 10 WORKING DAYS OF FORMAL NOTIFICATION OF INITIAL ADVERSE AGENCY ACTION WILL BE CONSIDERED.
DOMAR RECEIVED NOTICE OF THE INITIAL ADVERSE AGENCY ACTION, THE DENIAL OF ITS AGENCY PROTEST, ON MARCH 30. TEN WORKING DAYS AFTER THIS DATE WAS APRIL 13. THE DOMAR PROTEST WAS RECEIVED BY OUR OFFICE ON APRIL 14 AND WAS FILED UNTIMELY. THEREFORE, THE PROTEST IS NOT FOR CONSIDERATION BY OUR OFFICE.
ACCORDINGLY, THE PROTEST IS DISMISSED.