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B-199577 1 (1981-02-09)

handle is hein.gao/gaobadjcc0001 and id is 1 raw text is: 4 .-. i T ,. THE COMPTROLLER GENERAL DECISION .LJ.:j* OF THE UNITED STATES -,/,' WASHINGTON. . C. 20548 . / FILE: B-199577 DATE: February 9, 1981 MATTER OF: Optimum Systems, Inc. DIGEST: Protest to GAO is untimely when not filed within 10 working days of initial adverse action on protest to agency or, alternatively, when apparent impropriety is not pro- tested prior to date set for receipt of next round of offers. Related contentions, resulting from untimely protest, will not be considered on merits. Optimum Systems, Inc., protests the award by ACTION of a contract to Boeing Computer Services Company for data processing time-sharing services. Optimum Systems first protested to ACTION on June 3 and then filed its protest with our Office on July 14, 1980. Optimum Systems contends that ACTION's evaluation of its proposal was improper. We find the protest to be untimely under our Bid Protest Procedures, 4 C.F.R. part 20 (1980), and will not consider it on the merits. On December 14, 19'79, ACTION issued a request for proposals for a firm-fixed-price contract for time-shared 0ata procrssino services for an initial contract year plus 4 option years. The solicita- tion described ACTIO',s remuireO7 system ir. terms of mandatory and desirable features. The presence of all of the mandatory features was evaluateO cn a pass-fail basis, ACTION4 evaluated the desirable features which the offeror has cn the system proposed on a ccst-additive basis, with a specific dollar amount adlded to the proposed nrice for each desiralie feature not present or the syste. The controversy here concerns the meanirn of the phrase * * * on the system proposed.

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