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B-205321 1 (1981-11-09)

handle is hein.gao/gaobabjih0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20540 OFICE OF GENIKAL CO8NL0 8-205321 November 9, 1981 The Honorable John C. Danforth - United States Senate Dear Senator Darforth: This is in reply t6 your letter of October 15, 1981, concerning a protest by one of your constituents, Mr. Ronald T. Hagen, President of Trans Dx Corporation, alleging improprieties in the way procurement officials at Ft. Leonard Wood# United States Department of the Army, handled a recent procurement for renting garbage trucks. We are unable to consider this matter on the merits because your constituent's protest was untimely flied. Mr. Hagen knew of the alleged improper actions, at the latest, on September 25, 1981, when he met with an official at the contracting activity and submitted his company's bid. The protest was forwarded to our office through the Office of Management and Budget (OMB) and your office. However, it was not filed in the General Accounting Office until October 20, 1981, or almost 1 month after the basis for protest was known to your constituent. our Bid Protest Procodures require thaL protests be filed in our Office within 10 working days after the basis for protest is known if they are to be considered on their merits. 4 C.F.R. § 21.2(b)(2) (1981). Filing of the protest with OMB does not satisfy this requirement. Therefore, Trans Ex Corporation's protest was untimely received by us. 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 it ins sti!d practicable to take effective action with respect to the procurement where the circumstances warrant. We are unable to do so if a protest is filed after what we consider to be a reasonable time f* 6?0

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