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B-213599 1 (1983-12-07)

handle is hein.gao/gaobadlla0001 and id is 1 raw text is: THE COMPNTROCLLER11 GENEIRAL OECISION • . OP THE UNITED STATES SWASHIgNGTON. 0. C. 20549 FILE: B-213599 DATE: December 7, 1983 MATTER OF: Builder's Security Hardware, Inc. DIGEST: Where protester has not filed timely protest with GAO, GAO will not consider a claim for proposal preparation costs. Builder's Security Hardware, Inc. (Builder's), claims its proposal preparation costs under request for proposals (RFP) No. 3-82-1-3671, issued by the Small Business Admini- stration (SBA) for the delivery of six types of padlocks and padlock sets. We dismiss the claim as untimely. The RFP was issued in order to complete a defaulted subcontract under section 8(a) of the Small Business Act, 15 U.S.C. § 637(a) (1982). Section 8(a) authorizes the SBA to enter into contracts with any government agency with pro- curing authority and to arrange for performance of such con- tracts by letting subcontracts to socially and economically disadvantaged small business concerns. SBA canceled the RFP in January 1983 and so advised Builder's in a letter dated February 1, 1983, after no 8(a) firms submitted offers. Builder's protested the cancellation and filed a claim for its proposal preparation costs with SBA in February 1983. SBA denied this claim by letter dated September 26, 1983. Builder's filed the instant claim with our office on October 31, 1983. We have held that we will only consider a claim for bid or proposal preparation costs in connection with a timely protest. Martel Laboratories, Inc., B-194364, August 7, 1979, 79-2 CPD 91. Our Bid Protest Procedures require that where an initial protest has been filed with the contracting agency, in order to be considered by our Office, any sub- sequent protest to our Office must be filed within 10 work- ing days of the protester's actual or constructive knowledge of the intial adverse agency action taken on that protest. 4 C.F.R. § 21.2(a) (1983). Receipt by Builder's of SBA's letter of September 26, 1983, constituted knowledge of ( rl 3 VO

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