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B-192743 1 (1978-09-14)

handle is hein.gao/gaobadgkh0001 and id is 1 raw text is: I f I I I I I MATTER OF. John R. Wood Trucking, Inc. DIGEST: Protest not filed with GAO within 10 days of agency's . adverse action on protest to agency is untimely and not for consideration under C AO Bid Protest Procedures. This is,a protest by the John R. Wood Trucking, Inc. (Wood) concerning the decision by a Regional Forester of the Department of Agriculture, Forest Service, to award a timber sale contract to the higlfest bidder even though that'bidder failed to submit a bid guaranty in the reacuiixd amount. The solicitation required that bids be accompanied by a bid guaranty in the amount of $4,000 on St.1idard Form 2400-24. The highest bidder sLbmitted its bid nond on Stand- ard Form 24 which provides a bid guaranty in the amount of 20 percent of the total bid prick. Accordingly, its tid bond was for $3,962, or $38 less than the required amount. Initially the Forest Service pro.csed to reject the high bid because of the shortfall but the high bidder appar- ently appealed and the RegionaC Forester decided to permit correction of the deviation and recommended award of the sale to the high bidder. The Forest Supervisor advised 'Jood of this decision by letter dated July 7, 1978. Wood then pro- tested the Regional Forester's action ana requested him to s6tli the award of the sale and reject the deiriating bid. By letter of August 1, 1978, the Regional Foresl:er advised Wood that the sale had been awarded to the high bidocr on July 26, 1978, and he would not interfere with the atard beca'ase such action would subject the Government to a dnmage claim and would interfere with meeting the salvage objectives of the sale. In view of the avqrd, he concluded that a reconsidera- tion of his decision to accept the ieviating bid would serve no useful purpose. (Wood apparently received this letter on August 7, 1978, and protested with this Office by letter received here on August 24, 1978. Section 20.2(a) of our Bid Protest Procedures, 4 C.F.R. Part 20 (1978), states in pertinent part that: J //a~.. A~ V/A -2~' DECIBION FILE: B-192743 NI 1j F4 THE CONMPTRcLLER oGIVERAL OP THE UNITERD S3TATEU WASING.ON D.C. 208e49 DArE: Suptember 116, 1978

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