[NOAA Employee's Claim for Relocation Expenses]
Highlights
A National Oceanic and Atmospheric Administration (NOAA) employee claimed reimbursement for his relocation expenses incident to his transfer to his new duty station, contending that he should have been entitled to the relocation benefits, since the vacancy announcement for nonfederal applicants did not specify that the benefits were not authorized. GAO held that: (1) NOAA included a notice in the merit promotion vacancy announcement for federal employees that relocation benefits would not be authorized; (2) the employee was erroneously told that relocation benefits would be available if he accepted the position despite the notice; (3) the lack of such a notice in the nonfederal-employee announcement did not mean that relocation benefits would be available for those applicants; and (4) the employee was not entitled to relocation benefits, since they were not authorized for transferred employees. Accordingly, the claim was denied.
B-193652, JANUARY 25, 1979
DIGEST: PROTEST FILED WITH GAO MORE THAN 10 DAYS AFTER NOTIFICATION OF INITIAL ADVERSE AGENCY ACTION (DENIAL OF PROTEST TO AGENCY) IS UNTIMELY AND NOT FOR CONSIDERATION.
SHIFFER CORPORATION:
SHIFFER CORPORATION PROTESTS THE AWARD OF A CONTRACT BY THE DEFENSE LOGISTICS AGENCY UNDER SOLICITATION NO. DLA-004-78-B-0043.
SHIFFER CONTENDS THAT IT IS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. ON SEPTEMBER 19, 1978, SHIFFER WAS INFORMED BY NUMEROUS TELEPHONE CONVERSATIONS WITH DLA THAT IT HAD BEEN FOUND NONRESPONSIVE AND NONRESPONSIBLE.
SHIFFER INITIALLY FILED ITS PROTEST AGAINST THE NEGATIVE DETERMINATIONS WITH DLA ON SEPTEMBER 19, 1978, AT WHICH TIME DLA PROCEEDED TO PERFORM A PREAWARD SURVEY ON SHIFFER. BY LETTER DATED OCTOBER 2, 1978, DLA DENIED THE PROTEST. ON DECEMBER 8, 1978, SHIFFER FILED A SUBSEQUENT PROTEST WITH OUR OFFICE.
SECTION 20.2(A) OF OUR BID PROTEST PROCEDURES, 4 C.F.R.PART 20 (1978), STATES IN PERTINENT PART:
" * * * IF A PROTEST HAS BEEN FILED INITIALLY WITH THE CONTRACTING AGENCY, ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE FILED WITHIN 10 (WORKING) DAYS OF FORMAL NOTIFICATION OF OR ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF INITIAL ADVERSE AGENCY ACTION WILL BE CONSIDERED
SINCE THE OCTOBER 2 LETTER WAS THE INITIAL ADVERSE AGENCY ACTION (DENIAL OF PROTEST TO AGENCY) AND SHIFFER DID NOT FILE ITS PROTEST WITH OUR OFFICE UNTIL DECEMBER 8, MORE THAN 10 DAYS AFTER FORMAL NOTIFICATION, THE PROTEST IS UNTIMELY AND NOT FOR CONSIDERATION.
THE PROTEST IS THEREFORE DISMISSED.