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B-401866 1 (2009-09-10)

handle is hein.gao/gaobadayy0001 and id is 1 raw text is: JiL 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: Golight Inc. File: B-401866 Date: September 10, 2009 Jerry Gohl for the protester. Elizabeth M. Grant, Esq., Defense Logistics Agency, for the agency. Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of award that was filed more than 10 calendar days after receipt during business hours of the agency's email notification of award is untimely; for purposes of our timeliness rules, the mechanical receipt of an email during regular business hours constitutes notice of basis for protest. DECISION Golight Inc. of Culbertson, Nebraska, protests the award of a contract to K&H Industries, Inc. of Angola, New York, under solicitation No. SPM8E8-09-R-0001, issued by the Defense Logistics Agency for remote-controlled spotlights. We dismiss the protest as untimely. Our Bid Protest Regulations contain strict rules for the timely submission of protests. Under these rules, a protest based on other than alleged improprieties in a solicitation 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) (2009). Moreover, the protest must set forth all information establishing the timeliness of the protest. Id. § 21.1 (c)(6). Our timeliness rules reflect the dual requirements of giving parties a fair opportunity to present their cases and resolving protests expeditiously without unduly disrupting or delaying the procurement process. Dominion Aviation, Inc.--Recon., B-275419.4, Feb. 24, 1998, 98-1 CPD ¶ 62 at 3. Here, the agency emailed its decision informing the protester of the award to K&H on Friday, August 21, 2009, at 2:24 p.m., eastern time. The protester filed its protest

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