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B-400946 1 (2009-01-08)

handle is hein.gao/gaobadaru0001 and id is 1 raw text is: li AL A , GA O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: M2 Global Technology, Ltd. File: B-400946 Date: January 8, 2009 Douglas F. Carlberg for the protester. Howard B. Rein, Esq., Department of the Navy, for the agency. Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest to GAO of the exclusion of the protester's proposal from the competitive range is untimely filed, where the matter was initially protested to the contracting agency but was not filed with the agency within 10 days of the date that the protester learned the basis of its protest; the exception in GAO's Bid Protest Regulations for filing a protest with GAO after receipt of a required debriefing does not apply to filing an agency-level protest, the timeliness of which is governed by the Federal Acquisition Regulation. DECISION M2 Global Technology, Ltd. of San Antonio, Texas, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. N68335- 08-R-0013, issued by the Department of the Navy for a new land-based, mobile electric power plant (MEPP). M2 complains that the Navy unreasonably evaluated the firm's proposal and did not recognize that its high-priced offer reflected the best value to the agency. We dismiss the protest because the initial protest to the agency was not timely filed. Our Bid Protest Regulations contain strict rules for the timely submission of protests. Under these rules, a protest, of other than an alleged apparent solicitation impropriety, must be filed no later than 10 calendar days after the protester knew, or should have known, of the basis for protest, whichever is earlier. 4 C.F.R. § 21.2(a)(2) (2008). Further, a matter initially protested to the contracting agency will be considered timely by our Office only if the initial agency-level protest was filed within the time limits provide by the Regulations for filing a protest with our

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