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B-196252.2 1 (1980-02-07)

handle is hein.gao/gaobadhyo0001 and id is 1 raw text is: ,,0%,LER 0,,Z7 0 7 THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES FILE: B-196252.2 DATE: February 7, 1980 MATTER OF: Advanced Marine Enterprises, Inc. DIGEST: Where initial protest to contracting agency is not timely filed, subsequent protest to GAO must be dismissed as untimely. Advance Marine Enterprises, Inc. (AME) protests therejection of itoffer under request for proposals No. N00024-79-R-6322(Q), issued by the Naval Sea Systems Command (NAVSEA). We must dismiss the protest as untimely. On September 21, 1979, NAVSEA advised AME that it intended to award a contract to another offeror. On the same day, AME asked for a debriefing, which was subsequently held on October 26. During the debriefing, NAVSEA told AME that its proposal was rejected for inadequacies of personnel, technical approach, and facilities, even though its price offer was lower than the successful contractor's. On November 9, AME mailed a protest to the con- tracting agency. NAVSEA dismissed the protest as untimely by letter of December 7, which the protester received on December 10. AME filed a protest with our Office on December 21. AME contends that its protest to the contracting agency was timely and that its subsequent protest here, filed within 10 working days after AME learned that its protest to NAVSEA was dismissed, is also timely. NAVSEA's position is that AME learned the basis for the protest on October 26, during the debriefing, and that the last date the protest could have been timely filed was on November 9. As the protest was not mailed until November 9 and received later, the agency considers it untimely.

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