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B-185468 1 (1976-05-12)

handle is hein.gao/gaobaddnh0001 and id is 1 raw text is: TECOMPTROLLER GENERAL DECSION .OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: B-185468 DATE: May 12, 1976 MATTER OF: Hy-Gain Electronics Corporation 0) rC DIGEST: December 24, 1975, definitization of letter contract awarded on September 8, 1975 (which limited Government's obligation to $954,000 even though $2,385,000 had been committed for 15,000 units) did not amount to second award. Therefore, protest against sole-source award filed more than 10 working days after protester was aware of award of letter contract and reason for sole source is untimely and prior decision is affirmed. This is a reconsideration of our decision in the matter of Hy-Gain Electronics Corporation, B-185468, April 13, 1976. In that decision, we stated that Hy-Gain's protest against a sole-source award, which was filed on December 4, 1975, was untimely under our Bid Protest Procedures, 40 Fed. Reg. 17979 (1975), since it was not filed within 10 working days after the date when Hy-Gain, by its own admission, was advised in a tele- phone conversation with the contracting officer of the basis for the award to Lapointe Industries, Inc. (Lapointe). Hy-Gain does not question the fact that an award was made to Lapointe for 15,000 antennas on September 8, 1975, nor does it question the fact that it was aware of this information on November 11, 1975. Hy-Gain does, however, contend that the September 8 award was a letter contract for a mere $945,000, and that it was only after the filing of the protest that the Government incurred a contractual obligation (December 24, 1975) for an additional $1,331,000. In the protester's words, This is so because there was no separate offer and acceptance involved in connection with the definitized or binding second contract entered into on December 24, 1975, following the written protest. In support of its contention that there were in fact two contracts awarded to Lapointe, i.e., one for $954,000 on Septem- ber 8 and another for the balance of the $2,385,000 contract that was definitized on December 24, 1975, Hy-Gain cites a memorandum - 1 -

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