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B-279383 1 (1998-06-02)

handle is hein.gao/gaocrptahsk0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: United Communications Systems, Inc. File: B-279383 Date: June 2, 1998 Gerard F. Doyle, Esq., and Ron R. Hutchinson, Esq., Doyle & Bachman, for the protester. Rand L. Allen, Esq., and Scott M. McCaleb, Esq., Wiley, Rein & Fielding, for Datatrac Information Services, Inc., an intervenor. Charles A. Walden, Esq., Department of Justice, and Marie Adamson Collins, Esq., and Roger D. Waldron, Esq., General Services Administration, for the agencies. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST General Accounting Office will not exercise its discretion to waive timeliness requirements with respect to untimely protest of ordering provisions under General Services Administration multiple-award schedule contract for information technology where protester has received orders and accepted benefits under the ordering provisions. DECISION United Communications Systems, Inc. (UCS) protests the Drug Enforcement Administration's (DEA) issuance of an order for information technology technical services to Datatrac Information Services, Inc. (DIS) under DIS's multiple-award schedule (MAS) contract (No. GS-35F-4513G) (hereafter, No. 4513G) with the General Services Administration (GSA). UCS argues that DEA improperly failed to synopsize its requirement in the Commerce Business Daily (CBD) and compete it among interested potential offerors. UCS specifically challenges DEA's reliance on the provisions of Federal Acquisition Regulation (FAR) § 8.404 as authority for not synopsizing the agency's requirement. We dismiss the protest as untimely filed. On August 16, 1995, GSA issued solicitation No. FCI-96-DLOOO1B (hereafter, No. DL0001B), for offers for the award of contracts under GSA's Federal Information Processing (FIP) MAS program, group 70, part I, sections B and C, for commercial automatic data processing (ADP) equipment, software, service and maintenance. On July 8, 1996, GSA published in the Federal Register a notice and interim rule--41 C.F.R. § 201-39.801-1--providing that GSA's FIP MAS program would

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