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B-275046 1 (1996-12-10)

handle is hein.gao/gaocrptaeng0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Orbit Advanced Technologies, Inc. File: B-275046 Date: December 10, 1996 Aryeh Trabelsi for the protester. Gregory H. Petkoff, Esq., John E. Lariccia, Esq., and Ricke D. Hamilton, Esq., Department of the Air Force, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest to the General Accounting Office (GAO) will not be considered where it is preceded by an initial agency-level protest that was not timely filed within 14-day time period established by applicable Federal Acquisition Regulation provisions notwithstanding that protest was filed within 10 days of written debriefing; under Bid Protest Regulations, § 21.2(a)(3), 61 Fed. Reg. 39039, 39043 (1996) (to be codified at 4 C.F.R. § 21.2(a)(3)), where the contracting agency imposes a more stringent time period for filing than the time limits for filing a protest with GAO, the agency's time for filing will control. DECISION Orbit Advanced Technologies, Inc. protests the Department of the Air Force's rejection of its proposal as unacceptable under request for proposals No. F42650-96- R-3320, for a near-field antenna measurement system. We dismiss the protest because the initial protest to the agency was not timely filed. By letter dated June 14, 1996, the Air Force advised Orbit that its proposal has been found to be unacceptable in that it fails to conform to the essential requirements of the Statement of Work (SOW). Specifically, Orbit was advised that its proposed antenna measurement system failed to conform with paragraph 3.2.1.5.1 of the SOW--which required that the system's mechanical structure shall be capable of being mounted onto a Government designed and fabricated structure that is capable of being tilted up to 47 degrees from vertical-- because the system was too massive to attach to one of the Government's support structures. In a letter dated June 26, the Air Force further explained to Orbit that its proposal was unacceptable because it included a fixed height support structure incorporating a tilt mechanism in its scanner design and the support structure was 5111210

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