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B-184855 1 (1976-01-28)

handle is hein.gao/gaobadczq0001 and id is 1 raw text is: PROLLER GENERAL OF THE UNITED STATES WASHINGTON D. C. 20546 95 FILE: B184855 OATE: January 28,1976 MATTER OF: Rotherm Corporation; -Dominion Chemical Company DIGEST: 1. Protester who did not protest use of IFB to make repurchase in order to mitigate damages of defaulted contractor until more than 10 days after bid opening is untimely since protests shall be filed not later than 10 days after basis of protest is known. Simi- larly, protest based upon irregularities in conduct of negotiations made known to,protester in debriefing is untimely since it was not filed within 10 days of debriefing. 2. Where reprocurement is for account of defaulted con- tractor, and repurchase is in excess of quantity under defaulted contract, regulation provides that entire quantity shall be treated as new procurement. There- fore, procurement was properly effected under new solic- itation rather than on basis of original RFP. Moreover, present record does not show that contracting officer acted unreasonably under either procurement. This is a protest by Rotherm Corporation (Rotherm) and Dominion Chemical Company (Dominion) against the award of a contract to any other bidder, under invitation for bids (IFB) No. DSA400-76-B-0779, issued by the Defense General Supply Center (DGSC), Richmond, Virginia, for the repurchase of various quantities of antifreeze ,and ralated products. The original purchase had been made under request for pro- posals (RFP) No. DSA400-75-R-3697, which was issued on March 8, 1975, with closing date for receipt of initial proposals set for April 14, 1975. We have been advis that the authority for nego- tiation was 10 U.S.C. § 2304(a)(10)Y(1970), as implemented by Armed Services Procurement Regulation (ASPR) § 3-210.lV(1974 ed.). Rotherm and Dominion were two of 13 firms that submitted proposals. - 1

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