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B-205071 1 (1981-11-05)

handle is hein.gao/gaobabjas0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE 'Pc WASHINGTON, D.C. 20548 / 3 9 7 OFFICE OF GENERAL COUNSEL B-205071 November 5, 1981 The Honorable Dave McCurdy House of Representatives Dear Mr. McCurdy: DG -...,.,' This in reply to your correspondence of September 28, 1981, regarding our jurisdiction over the questions raised by your constituents, Mr. Richard Holcomb and Mr. Lawrence Metzger, concerning procedures under which the Tulsa District Corps of Engineers, Department of the Army (Army), awarded a contract for lease of Army real property for harvesting hay on the Fort Sill Military Reservation, Oklahoma. We are unable to consider this matter on the merits because your constituents' protest is untimely filed. Bids were opened on April 14, 1981. By letter of July 27, 1981, your Norman, Oklahoma, office forwarded a letter of protest from your constituents' counsel to the Army. On August 12, 1981, the Army responded to both your Norman, Oklahoma, and Washington, D.C., offices. Your constituents' protest was not filed with our Office until October 2, 1981. Our Bid Protest Procedures require that protests initially filed with the contracting agency will only be considered by our Office if they are filed within 10 working days of the protester's learning of initial adverse agency action. 4 C.F.R. § 21.2(a) (1981). Under the circumstances, the Army response of August 12, 1981, stating that the award would stand, despite the allegations of collusive bidding, constituted initial adverse agency action. Concerning the applicability of our Procedures to protests filed by or referred to our Office by Members of Congress, it has been decided that no protest will be considered on its merits if untimely filed, unless one of the exceptions in section 21.2(c), infra, is applicable regardless of the source of the protest. This policy was adopted because our Office can best function if it is permitted to decide an issue while -- 5-/1 i 4- --w..

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