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B-274052 1 (1996-08-13)

handle is hein.gao/gaocrptaekp0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Paging Network of Washington, Inc. File: B-274052 Date: August 13, 1996 Arthur J. Robinson III, for the protester. Gena E. Cadieux, Esq., Department of Energy, for the agency. Jerold D. Cohen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protests filed on and after August 8, 1996, are subject to the timeliness criteria set out in General Accounting Office's (GAO) Bid Protest Regulations as amended by the Final Rule published in the Federal Register on July 26, 61 Fed. Reg. 39039- 47 (1996) (to be codified at 4 C.F.R. part 21). Therefore, a protest of other than an apparent impropriety in an invitation for bids must be filed not later than 10 calendar days after the basis of protest is or should have been known, whichever is earlier, as required by amended section 21.2(a)(2), 61 Fed. Reg. 39043 (to be codified at 4 C.F.R. § 21.2(a)(2)). 2. Since Final Rule amending GAO's Bid Protest Regulations was published in the Federal Register on July 26, 1996, vendors are charged with notice of its contents-- including GAO's revised timeliness rules--as of that date. DECISION Paging Network of Washington, Inc. (PageNet) protests the rejection of its bid under Department of Energy (DOE) invitation for bids (IFB) No. DE-FBO1- 96AD71151 for paging service. We dismiss the protest as untimely. The IFB required that the contractor be capable of providing local service within a 75-mile radius of any DOE site needing service. In its bid, PageNet advised that no paging company was capable of providing that level of service, and that PageNet, which covers more than 90 percent of the U.S., was the most capable of providing the necessary coverage. DOE rejected PageNet's bid because of that response, and in its protest PageNet essentially reiterates the advice submitted with the bid. PageNet's protest was filed in our Office on August 8, 1996. The protest therefore is subject to the timeliness criteria set out in our Bid Protest Regulations as amended by the Final Rule published in the Federal Register on July 26 (applicable 524813

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