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B-275259 1 (1996-11-04)

handle is hein.gao/gaocrptaenk0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: IBP, Inc. File: B-275259 Date: November 4, 1996 Ronald K. Henry, Esq., Kaye, Scholer, Fierman, Hays & Handler, LLP, for the protester. Linda S. Lebowitz, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Under Bid Protest Regulations, section 21.2(a)(3), 61 Fed. Reg. 39039, 39043 (1996) (to be codified at 4 C.F.R. § 21.2(a)(3)), a protest to the General Accounting Office (GAO) will not be considered if it was preceded by an initial agency-level protest that was not timely filed within the 10-day period for filing provided by GAO's regulations notwithstanding interim agency-level protest procedures that allow a 14-day period. DECISION IBP, Inc. protests the award of a contract to Monfort, Inc. under request for proposals No. DECA02-96-R-0028, issued by the Defense Commissary Agency for different grades of frozen ground beef for Department of Defense installations in Germany and the United Kingdom. We dismiss the protest as untimely. The protester was notified of the award on August 2, 1996, and at that time the protester requested a debriefing. The agency conducted a debriefing, by telephone, on August 14. On August 15, the agency provided the protester with additional documents regarding the award decision, as requested by the protester during the debriefing. Based on the information provided at the debriefing and contained in the documents released by the agency, the protester filed an agency-level protest on August 27. On October 16, the agency denied the protester's agency-level protest. On October 25, the protester filed this protest with our Office. As noted by the protester in its protest, this protest is subject to the timeliness rules set forth in our Bid Protest Regulations as amended by the notice published in the Federal Register on July 26, 1996 (applicable to protests filed on or after August 8, 1996), 61 Fed. Reg. 39039-39047 (to be codified at 4 C.F.R. Part 21). 523114

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