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B-205145 1 (1981-11-02)

handle is hein.gao/gaobabjaw0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 O71CE OF GENERAL COUNSEL - * B-205145 November 2, 1981 The Honorable Donald J. Mitchell House of Representatives Dear Mr. Mitchell: This is in response to your letter of September 30, 1981, forwarding a protest on behalf of A&R Security- Patrols and Investigations, Inc. against cancellation by the General Services Administration (GSA) of a solicita- tion for security guards for Federal buildings in the areas of Albany, Troy, and Schenectady, New York. The letter from Rocco J. DePaul, president of A&R, to your office indicates that on September 23, 1981, the firm was advised that GSA had found the solicitation, Project No. 2PPB-PF-19,719, ambiguous and planned to resolicit. A&R, the incumbent contractor and only bidder, contends that the solicitation was not ambiguous and that it should have been awarded the contract. A&R's letter, along with yours, was not received in this Office until October 8, 1981, and is therefore untimely under our Bid Protest Procedures, 4 C.F.R. § 21.2 (1981). These procedures require that protestsbe filed-- defined as received--with GAO within 10 working days after the basis for them is known or should have been known, whichever is earlier. Thus, in order to be considered on the merits, A&R's protest should have reached GAO no later than October 7, 1981. Our timeliness standards are strictly construed, and are applied regardless of whether a protest is filed di- rectly by a-protester, through counsel, or through a con- gressional representative. They were adopted in order to permit us to decide an issue while it still may be prac- ticable to recommend corrective action, if warranted. The only exceptions are when good cause is shown or when a pro- test raises a significant issue; the former means that some compelling reason, beyond the control of the protester, has

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