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B-277366 1 (1997-07-30)

handle is hein.gao/gaocrptagca0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: SRS Technologies File: B-277366 Date: July 30, 1997 Alan M. Grayson, Esq., and Laura J. Mann, Esq., Alan M. Grayson & Associates, for the protester. Richard J. Webber, Esq., Arent, Fox, Kintner, Plotkin & Kahn, for Hernandez Engineering, Inc., an intervenor. John E. Lariccia, Esq., Department of the Air Force, for the agency. Scott Riback, Esq., and John Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest based on alleged violation of Procurement Integrity Act is untimely where (1) protester initially advised agency of alleged violation within 14 days; (2) agency advised protester on same day that it believed its actions were proper; and (3) protester did not file protest at General Accounting Office within 10 days after receiving notice of agency's position. DECISION SRS Technologies protests the actions of the Department of the Air Force in connection with request for proposals (RFP) No. F04684-97-R-0007, for ground systems safety analysis services at Vandenberg Air Force Base. SRS challenges the proposed award to Hernandez Engineering, Inc. (HEI) on the basis that the agency improperly made SRS's proprietary information available to HEI and other firms prior to the closing date for receipt of proposals. We dismiss the protest as untimely filed. The RFP, issued on February 20, 1997, advised prospective offerors that there was a reading library available for firms to use in preparing their proposals. According to the protester, it became aware on March 7 that its allegedly proprietary information--specifically, a copy of its 1992 contract for the same requirement--was available in the reading library for all competitors to review; also on March 7, the protester observed that representatives of the awardee had been to the reading library and presumably had reviewed the information at issue. SRS contacted the cognizant contracting officer's technical representative (COTR) on March 10 and conveyed its view that the materials in the reading library were proprietary and had been marked as such, and that their release was therefore improper.

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