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PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - 10 day rule DIGEST: Protest of allegedly restrictive specifications is dismissed as untimely where allegations initially were raised in agency-level protest and subsequent protest to General Accounting Office was not filed within 10 working days after closing date for receipt of quotations. The closing date for receipt of quotations under the RFQ was February 20. Penta's protest is untimely. Where a protest is filed initially with the agency. Quotations were received as scheduled on February 20 without any action being taken on the protest. Since Penta's protest was filed with our Office more than 10 working days after February 20.

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B-239353, Apr 26, 1990, 90-1 CPD

PROCUREMENT - Bid Protests - GAO procedures - Protest timeliness - 10 day rule DIGEST: Protest of allegedly restrictive specifications is dismissed as untimely where allegations initially were raised in agency-level protest and subsequent protest to General Accounting Office was not filed within 10 working days after closing date for receipt of quotations, which constituted initial adverse agency action on the protest.

Penta Post & Treating Company, Inc.:

Penta Post & Treating Company, Inc., protests the specifications contained in request for quotations (RFQ) No. ID910-RFQ0-009 issued by the Bureau of Land Management, Department of the Interior, for fence system. Penta objects to the solicitation's prohibition on the use of pentachlorophenol as a preservative for wood fence posts.

The closing date for receipt of quotations under the RFQ was February 20, 1990. Penta protested the specifications to the contracting officer by letter dated February 14. By letter dated March 29, and according to a signed certificate of receipt, received by Penta on March 30, the
contracting officer denied the protest.
Penta protested to our Office by
letter dated April 12, which we received on April 18.

Penta's protest is untimely.
While Penta timely protested to the
contracting officer prior to the closing date for receipt of quotations,
it did not subsequently protest to us within 10 days of "initial adverse
agency action."
Under our Bid Protest Regulations, 4 C.F.R. Sec.
21.2(a)(3) (1989), where a protest is filed initially with the agency, any
subsequent protest to our Office must be filed no later than 10 working
days after initial adverse agency action.
The term "adverse agency
action" includes the agency's proceeding with the receipt of offers or
quotations in the face of a protest alleging solicitation improprieties.
4 C.F.R. Sec. 21.0(f); Carlisle Tire and Rubber Co., B-235413, May 12,
1989, 89-1 CPD Para. 457.
Here, quotations were received as scheduled on
February 20 without any action being taken on the protest.
Thus, since
Penta's protest was filed with our Office more than 10 working days after
February 20, it is untimely.

Moreover, even if the contracting officer's formal denial of Penta's
protest, received by Penta on March 30, is considered the adverse agency
action by which to judge timeliness, the protest is still untimely.
Penta's protest was filed (received) at our Office on April 18, more than
10 working days after Penta's receipt of the contracting officer's
letter.

The protest is dismissed.

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