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T-RCED-89-15 1 (1989-03-09)

handle is hein.gao/gaobaaorb0001 and id is 1 raw text is: ~O~2R ~The Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Chesapeake and Potomac Telephone Company File: B-224228, B-224228.2 Date: February 5, 1987 DIGEST 1. A protest filed with the General Accounting Office more than 10 working days after the contracting agency denied the firm's agency-level protest is untimely and will not be considered. 2. GAO will not consider the merits of an untimely protest by invokinq the significant issue exception to timeliness rules where the protest does not raise an issue of first impression that would have widespread significance in the - procurement community. 3. Where protester raises a new basis of protest in its comments to the agency report and the alleged impropriety was apparent on the face of the request for proposals, the new basis of protest is untimely. DECISION The Chesapeake and Potomac Telephone Company (C&P) protests the terms of request for proposals (RFP) No. A-86-8, issued by the Department of the Treasury (Treasury) for the procure- ment of a diqital telecommunications switch (OTS) system. The protester alleges that the RFP contains terms unfairly favoring alternative procurement methods for the DTS system and that these terms will not insure the lowest overall cost to the government. C&P contends that Treasury cannot justify the use of certain cost evaluation criteria. We dismiss the protest as untimely based on the contracting agency's report. See 4 C.F.R. 5 21.3(f) (1986), which pro- vides that when the propriety of a dismissal becomes clear only after information is provided by the contracting agency we will dismiss the protest at that time. On December 31, 1985, Treasury solicited offers for the acquisition of an integrated voice and data DTS system. The due date for receipt of proposals was September 2, 1986. The

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