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DIGEST: PROTEST FILED WITH GAO MORE THAN 10 DAYS AFTER PROTESTER LEARNS OF PROTEST BASIS IS DISMISSED AS UNTIMELY. THAT ITS PROPOSAL WAS ELIMINATED FROM THE COMPETITION BECAUSE IT DID NOT MEET THE SOLICITATION'S MANDATORY REQUIREMENT REGARDING THE FOOTNOTING OF DOCUMENTS. A PROTEST AGAINST AN AGENCY ACTION SUCH AS INVOLVED HERE MUST BE FILED (RECEIVED) IN OUR OFFICE NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN. WHICHEVER IS EARLIER. 4 C.F.R. SINCE THIS WAS MORE THAN 10 WORKING DAYS AFTER SBS KNEW THE BASIS OF ITS PROTEST.

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B-206285, FEB 22, 1982

DIGEST: PROTEST FILED WITH GAO MORE THAN 10 DAYS AFTER PROTESTER LEARNS OF PROTEST BASIS IS DISMISSED AS UNTIMELY.

SMALL BUSINESS SYSTEMS, INC,:

SMALL BUSINESS SYSTEMS, INC, (SBS), PROTESTS THE DECISION OF THE NATIONAL LABOR RELATIONS BOARD (NLRB) TO ELIMINATE THE SBS PROPOSAL FROM THE COMPETITION UNDER SOLICITATION NO. 041-81-B-0006, FOR WORD PROCESSING EQUIPMENT.

NLRB NOTIFIED SBS, BY LETTER DATED JANUARY 4, 1982, THAT ITS PROPOSAL WAS ELIMINATED FROM THE COMPETITION BECAUSE IT DID NOT MEET THE SOLICITATION'S MANDATORY REQUIREMENT REGARDING THE FOOTNOTING OF DOCUMENTS. SBS RECEIVED THIS LETTER ON JANUARY 15, 1982. ON FEBRUARY 3, 1982, WE RECEIVED A LETTER FROM SBS PROTESTING NLRB'S DECISION.

UNDER OUR BID PROTEST PROCEDURES, A PROTEST AGAINST AN AGENCY ACTION SUCH AS INVOLVED HERE MUST BE FILED (RECEIVED) IN OUR OFFICE NOT LATER THAN 10 WORKING DAYS AFTER THE BASIS OF THE PROTEST IS KNOWN OR SHOULD HAVE BEEN KNOWN, WHICHEVER IS EARLIER. 4 C.F.R. SEC. 21.1(B)(2) (1981). INDICATED ABOVE, SBS LEARNED OF THE NLRB DECISION ON JANUARY 15, 1982; HOWEVER, WE DID NOT RECEIVE ITS PROTEST LETTER UNTIL FEBRUARY 3, 1982. SINCE THIS WAS MORE THAN 10 WORKING DAYS AFTER SBS KNEW THE BASIS OF ITS PROTEST, WE FIND ITS PROTEST TO BE UNTIMELY AND, THEREFORE, NOT FOR CONSIDERATION ON THE MERITS.

WE DISMISS THE PROTEST.

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